| THE PEOPLE V LAWRENCE P. FRUMUSA, ALSO KNOWN AS JOHN DOE |
| Motion No: KA 13-01609 |
| Slip Opinion No: 2013 NY Slip Op 87849(U) |
| Decided on September 30, 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 13-01609
Indictment No: 2010-0831
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V LAWRENCE P. FRUMUSA, ALSO KNOWN AS JOHN DOE, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Monroe County Court rendered September 30, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Geoffrey Kaeuper, Esq. dated September 5, 2013, the notice of motion with proof of service thereof, the affidavits of Lawrence Frumusa sworn to September 16, 2013 and September 17, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Absent proof that defendant timely served his notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Entered: September 30, 2013
Frances E. Cafarell, Clerk