| THE PEOPLE V FRANCIS D. HELMER, JR. |
| Motion No: KA 12-01860 |
| Slip Opinion No: 2012 NY Slip Op 88802(U) |
| Decided on October 24, 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 12-01860
Indictment No: 08-13
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V FRANCIS D. HELMER, JR., DEFENDANT-APPELLANT. |
Defendant having moved for an order pursuant to CPL 460.50 staying the execution of the sentence of Herkimer County Court, rendered August 11, 2008, and fixing bail, pending the hearing and determination of an appeal from the order of the Herkimer County Court, dated August 9, 2012,
Now, upon reading and filing the statement of Francis D. Helmer, Jr. filed September 26, 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 premature.
Memorandum: Defendant has no pending appeal.
Entered: October 24, 2012
Frances E. Cafarell, Clerk