| THE PEOPLE V MIGUEL A. COLON |
| Motion No: KA 14-00209 |
| Slip Opinion No: 2014 NY Slip Op 64958(U) |
| Decided on February 26, 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 14-00209
Indictment No: 2006-0954B
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V MIGUEL A. COLON, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of Supreme Court, Monroe County rendered July 10, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Nicole M. Fantigrossi, Esq. dated January 31, 2014, 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.
Memorandum: Absent proof that defendant timely filed the notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Entered: February 26, 2014
Frances E. Cafarell, Clerk