| THE PEOPLE V TERRY L. HOLMES |
| Motion No: KA 14-02192 |
| Slip Opinion No: 2014 NY Slip Op 94578(U) |
| Decided on December 30, 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 14-02192
Indictment No: 14-04
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V TERRY L. HOLMES, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered September 22, 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 December 5, 2014, the notice of motion with proof of service thereof, the affidavit of Paul J. Vacca, Jr, Esq. sworn to December 11, 2014, and the statement of Terry L. Holmes dated December 1, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to renewal of said motion on or before March 30, 2015 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel.
Entered: December 30, 2014
Frances E. Cafarell, Clerk