| THE PEOPLE V CHAVELO BORDEN |
| Motion No: KA 12-00672 |
| Slip Opinion No: 2012 NY Slip Op 72750(U) |
| Decided on May 2, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 12-00672
Indictment No: 2003-4028
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CHAVELO
BORDEN, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered October 8, 2003, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Ashley R. Small, Esq. sworn to April 10, 2012, the notice of motion with proof of service thereof, the statement of Jeffrey E. Marion, Esq. dated April 16, 2012 and the statements of Chavelo Borden filed April 27, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before July 31, 2012.
Entered: May 2, 2012
Frances E. Cafarell, Clerk