| THE PEOPLE V ROBERT W. TETRAULT |
| Motion No: KA 14-00049 |
| Slip Opinion No: 2014 NY Slip Op 62632(U) |
| Decided on January 27, 2014 |
| 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 14-00049
Indictment No: 13-30
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V ROBERT W. TETRAULT, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of Orleans County Court, rendered October 21, 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 January 8, 2014, the notice of motion with proof of service thereof, the affirmation of Sanford A. Church, Esq. dated January 21, 2014, 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 April 28, 2014 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel.
Entered: January 27, 2014
Frances E. Cafarell, Clerk