| THE PEOPLE V ARCIDES DIEGUEZ-CASTILLO, ALSO KNOWN AS ARCIDES CASTILLO DIEGUEZ |
| Motion No: KA 13-00951 |
| Slip Opinion No: 2013 NY Slip Op 77316(U) |
| Decided on June 18, 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 13-00951
Indictment No: 12-34
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V ARCIDES DIEGUEZ-CASTILLO, ALSO KNOWN AS ARCIDES CASTILLO DIEGUEZ, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered March 18, 2013, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph V. Cardone, Esq. dated May 23, 2013, the notice of motion with proof of service thereof, the affidavit of Arcides Dieguez-Castillo sworn to May 24, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: June 18, 2013
Frances E. Cafarell, Clerk