| THE PEOPLE V SEAN D. WHEATLE |
| Motion No: KA 13-01443 |
| Slip Opinion No: 2013 NY Slip Op 83728(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. |
KA 13-01443
Indictment No: 13-02
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V SEAN D. WHEATLE, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered June 3, 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 August 9, 2013, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Entered: August 27, 2013
Frances E. Cafarell, Clerk