THE PEOPLE V CHAD M. JOHNSTON Indictment No: 6977
Motion No: KA 14-00931
Slip Opinion No: 2014 NY Slip Op 86623(U)
Decided on October 9, 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.


October 9, 2014

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 14-00931

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CHAD M. JOHNSTON, DEFENDANT-APPELLANT.

Indictment No: 6977


Respondent having moved to dismiss the appeal taken from a judgment of the Wyoming County Court, rendered April 24, 2014, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Eric R. Schiener, Esq. sworn to September 18, 2014, the notice of motion with proof of service thereof, the affidavit of Norman P. Effman, Esq. sworn to September 24, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: October 9, 2014

Frances E. Cafarell, Clerk