| THE PEOPLE V KAREEMAHA LUPER |
| Motion No: KA 12-00891 |
| Slip Opinion No: 2012 NY Slip Op 74773(U) |
| Decided on May 30, 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 12-00891
Indictment No: 2001-00159-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KAREEMAHA
LUPER, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered March 10, 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 May 15, 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 the notice of appeal was timely filed and served pursuant to CPL 460.10, there is no appeal pending.
Entered: May 30, 2012
Frances E. Cafarell, Clerk