| THE PEOPLE V BRIAN SMITH |
| Motion No: KA 12-02135 |
| Slip Opinion No: 2013 NY Slip Op 90577(U) |
| Decided on November 6, 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 12-02135
Indictment No: 2006-0952
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V BRIAN SMITH, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of Monroe County Court, entered October 12, 2012,
Now, upon reading and filing the affidavit of Brian Smith sworn to October 10, 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.
Memorandum: Absent proof that defendant timely filed the notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Entered: November 6, 2013
Frances E. Cafarell, Clerk