| THE PEOPLE V FRANCISCO DEJESUS |
| Motion No: KA 12-01406 |
| Slip Opinion No: 2012 NY Slip Op 81672(U) |
| Decided on August 15, 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 12-01406
Indictment No: 1998-00396-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V FRANCISCO DEJESUS, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from the judgment of the Erie County Court, rendered July 9, 1999, 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 July 26, 2012, the notices of motion with proof of service thereof, the affidavit of Herbert L. Greenman, Esq. sworn to August 6, 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 15, 2012.
Entered: August 15, 2012
Frances E. Cafarell, Clerk