| THE PEOPLE V CHARLIE MIXON |
| Motion No: KA 13-01565 |
| Slip Opinion No: 2013 NY Slip Op 90149(U) |
| Decided on October 28, 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 13-01565
Indictment No: 88-0262-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V CHARLIE MIXON, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from that part of an order of Supreme Court, Erie County entered May 16, 2013, which denied defendant's request for forensic DNA testing of evidence, pursuant to CPL 440.30 (1-a),
Now, upon reading and filing the affidavit of Charlie Mixon sworn to October 3, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary inasmuch as the Erie County District Attorney's Office has yet not filed a motion to dismiss the appeal pursuant to 22 NYCRR 1000.12 (a).
Entered: October 28, 2013
Frances E. Cafarell, Clerk