| THE PEOPLE V SERGIO BLACK |
| Motion No: KA 08-01732 |
| Slip Opinion No: 2012 NY Slip Op 79212(U) |
| Decided on July 18, 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 08-01732
Indictment No: 01729-2004
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V SERGIO
BLACK, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an order of the Erie County Court, dated June 5, 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 July 2, 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: July 18, 2012
Frances E. Cafarell, Clerk