| THE PEOPLE V DEMETRIUS AUSTIN |
| Motion No: KA 12-01196 |
| Slip Opinion No: 2012 NY Slip Op 78462(U) |
| Decided on July 10, 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 12-01196
Indictment Nos: 2003-5152
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DEMETRIUS
AUSTIN, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from the judgment of the Erie County Court, rendered November 23, 2004, 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 June 21, 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: July 10, 2012
Frances E. Cafarell, Clerk