| THE PEOPLE V ERIC L. RICHARDSON |
| Motion No: KA 13-01938 |
| Slip Opinion No: 2013 NY Slip Op 94661(U) |
| Decided on December 10, 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 13-01938
Indictment No: 2004-01668
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V ERIC L. RICHARDSON, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of Supreme Court, Erie County rendered December 23, 2005, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Ashley R. Small, Esq. sworn to October 28, 2013, the notice of motion with proof of service thereof, the statement of Salvatore T. Sanfilippo, Esq. dated October 30, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to renewal of said motion on or before March 10, 2014 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel, and
It is further ORDERED that the order of this Court entered on October 18, 2013, which dismissed defendant's appeal related to indictment 2005-0167A (KA 13-01760), is vacated.
Entered: December 10, 2013
Frances E. Cafarell, Clerk