| THE PEOPLE V CORNELIUS JOHNSON |
| Motion No: KA 10-02281 |
| Slip Opinion No: 2013 NY Slip Op 73870(U) |
| Decided on May 15, 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 10-02281
Indictment No: 96-2149-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V CORNELIUS JOHNSON, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an order of the Erie County Court, dated September 15, 2010, on the ground that appellant is absent from this Court's jurisdiction,
Now, upon reading and filing the affidavit of Michael J. Hillery, Esq. sworn to April 11, 2013, the notice of motion with proof of service thereof, the affidavit of Alan Williams, Esq. sworn to April 19, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied (see People v Ventura, 17 NY3d 675).
Entered: May 15, 2013
Frances E. Cafarell, Clerk