| THE PEOPLE V DALE L. SWAIN |
| Motion No: KA 15-00197 |
| Slip Opinion No: 2015 NY Slip Op 65838(U) |
| Decided on February 26, 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, PERADOTTO, AND CARNI, JJ.
KA 15-00197
Indictment No: 2013-195
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DALE L.
SWAIN, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Niagara County Court, rendered February 24, 2014,
Now, upon reading and filing the affidavit of Dale Swain sworn to January 20, 2015, the notice of motion with proof of service thereof, the affidavit of Christopher A. Privateer, Esq. sworn to February 5, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Christopher A. Privateer, Esq. timely filed and served a notice of appeal on March 6, 2014.
Entered: February 26, 2015
Frances E. Cafarell, Clerk