| THE PEOPLE V FREDERICK C. MILLER |
| Motion No: KA 15-00193 |
| Slip Opinion No: 2015 NY Slip Op 65791(U) |
| Decided on February 10, 2015 |
| 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 15-00193
Indictment No: 13-17
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V FREDERICK
C. MILLER, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered November 3, 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 January 27, 2015, the notice of motion with proof of service thereof, the affidavit of Frederick C. Miller sworn to February 4, 2015, 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 May 11, 2015 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel.
Entered: February 10, 2015
Frances E. Cafarell, Clerk