| THE PEOPLE V ERIC BATHERSON |
| Motion No: KA 10-02326 |
| Slip Opinion No: 2014 NY Slip Op 78087(U) |
| Decided on July 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 10-02326
Indictment No: 2009-2996
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V ERIC BATHERSON, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court rendered July 29, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David A. Heraty, Esq. sworn to June 27, 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: July 15, 2014
Frances E. Cafarell, Clerk