| THE PEOPLE V ELYSE A. HOFFER |
| Motion No: KA 14-01103 |
| Slip Opinion No: 2014 NY Slip Op 77416(U) |
| Decided on July 7, 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 14-01103
Indictment No: 13-48
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V ELYSE A. HOFFER, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered March 10, 2014, 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 June 19, 2014, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal served on April 10, 2014 is hereby deemed timely served pursuant to CPL 460.10(6), and
It is further ORDERED that the motion is granted and the appeal is dismissed.
Entered: July 7, 2014
Frances E. Cafarell, Clerk