| THE PEOPLE V BENJAMIN MUNTZ, ALSO KNOWN AS BENJAMIN W. MUNTZ Indictment No: 5482 |
| Motion No: KA 14-00605 |
| Slip Opinion No: 2014 NY Slip Op 69619(U) |
| Decided on April 15, 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. |
KA 14-00605
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V BENJAMIN MUNTZ, ALSO KNOWN AS BENJAMIN W. MUNTZ, DEFENDANT-APPELLANT. Indictment No:
5482 |
Respondent having moved to dismiss the appeal taken from a judgment of the Genesee County Court, rendered April 29, 2013, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of William G. Zickl, Esq. dated March 21, 2014, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the notice of appeal filed in the Genesee County Clerk's Office on May 15, 2013 which inaccurately lists the judgment rendered date as April 25, 2013 shall be treated as valid as to the judgment rendered on April 29, 2013 pursuant to CPL 460.10(6), and
It is further ORDERED that the motion is granted, and the appeal is dismissed.
Entered: April 15, 2014
Frances E. Cafarell, Clerk