| THE PEOPLE V DAVID E. MITCHELL, ALSO KNOWN AS "DAVEY BOY" |
| Motion No: KA 08-00878 |
| Slip Opinion No: 2012 NY Slip Op 72006(U) |
| Decided on May 1, 2012 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
KA 08-00878
Indictment No: 2006-2168
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID E.
MITCHELL, ALSO KNOWN AS "DAVEY BOY", DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered October 19, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Nicholas T. Texido, Esq. sworn to April 12, 2012, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Entered: May 1, 2012
Frances E. Cafarell, Clerk