| THE PEOPLE V GERALD GIBSON |
| Motion No: KA 09-01271 |
| Slip Opinion No: 2013 NY Slip Op 66553(U) |
| Decided on March 4, 2013 |
| 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 09-01271
Indictment No: 2008-422
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V GERALD GIBSON, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered March 17, 2009, 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 February 13, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: March 4, 2013
Frances E. Cafarell, Clerk