| THE PEOPLE V ROBERT GWYNN, JR. |
| Motion No: KA 12-01107 |
| Slip Opinion No: 2012 NY Slip Op 78428(U) |
| Decided on July 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 12-01107
Indictment No: 2006-2956
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ROBERT
GWYNN, JR., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered July 25, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Matthew B. Powers, Esq. sworn to June 12, 2012, the notice of motion with proof of service thereof, the affidavit of Robert Gwynn, Jr. sworn to June 19, 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 October 1, 2012.
Entered: July 2, 2012
Frances E. Cafarell, Clerk