| THE PEOPLE V NICHOLAS A. BACKSCHEIDER Indictment No: 2007-DC0018 |
| Motion No: KA 13-01353 |
| Slip Opinion No: 2013 NY Slip Op 83725(U) |
| Decided on August 27, 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 13-01353
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V NICHOLAS A. BACKSCHEIDER, DEFENDANT-APPELLANT. Indictment No: 2007-DC0018 |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Monroe County rendered February 7, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Nicole M. Fantigrossi, Esq. dated August 5, 2013, the notice of motion with proof of service thereof, the statement of Drew R. DuBrin, Esq. dated August 7, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: August 27, 2013
Frances E. Cafarell, Clerk