| THE PEOPLE V GERALD L. SMITH |
| Motion No: KA 14-02107 |
| Slip Opinion No: 2014 NY Slip Op 94011(U) |
| Decided on December 18, 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.
APPELLATE DIVISION DOCKET NO. KA 14-02107
Indictment No: 2013-0144
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V GERALD L. SMITH, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Monroe County Court, rendered August 21, 2014,
Now, upon reading and filing the affidavit of Bryan S. Oathout, Esq. sworn to November 26, 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: Bryan S. Oathout, Esq. timely filed a notice of appeal on September 9, 2014, and timely served the notice of appeal on September 4, 2014.
Entered: December 18, 2014
Frances E. Cafarell, Clerk