| THE PEOPLE V WESTLEE GARNER |
| Motion No: KA 14-01421 |
| Slip Opinion No: 2014 NY Slip Op 81957(U) |
| Decided on August 25, 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 14-01421
Indictment No: 2013-00037
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V WESTLEE GARNER, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Erie County Court, rendered April 10, 2014,
Now, upon reading and filing the affidavit of Samuel P. Davis, Esq. sworn to July 30, 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: Paul G. Bell, Esq. timely filed and served a notice of appeal on April 25, 2014.
Entered: August 25, 2014
Frances E. Cafarell, Clerk