THE PEOPLE V ANDRE VERNON
Motion No: KA 09-00568
Slip Opinion No: 2015 NY Slip Op 70877(U)
Decided on April 16, 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.


April 16, 2015

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

KA 09-00568
Indictment No: 2007-0896

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT.

V

ANDRE VERNON, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from a judgment of Supreme Court, Erie County rendered January 23, 2009, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Nicholas T. Texido, Esq. sworn to March 30, 2015, the notice of motion with proof of service thereof, the affirmation of Michael L. D'Amico, Esq. dated April 3, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before July 15, 2015.

Entered: April 16, 2015

Frances E. Cafarell, Clerk