| THE PEOPLE V LAMONT JENKINS |
| Motion No: KA 12-00692 |
| Slip Opinion No: 2012 NY Slip Op 72759(U) |
| Decided on May 3, 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 12-00692
Indictment No: 2007-1080
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V LAMONT
JENKINS, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered November 12, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David A. Heraty, Esq. sworn to April 13, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Absent proof that defendant timely filed the notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Entered: May 3, 2012
Frances E. Cafarell, Clerk