| THE PEOPLE V DANIELLE BALBICK Indictment No: 7100 |
| Motion No: KA 15-00793 |
| Slip Opinion No: 2015 NY Slip Op 73781(U) |
| Decided on May 19, 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 15-00793
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DANIELLE
BALBICK, DEFENDANT-APPELLANT. Indictment No: 7100 |
Respondent having moved to dismiss the appeal taken from a judgment of the Wyoming County Court, rendered December 17, 2014, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Vincent A. Hemming, Esq. sworn April 27, 2015, the notice of motion with proof of service thereof, the affirmation of Thomas A. Burns, Esq. dated May 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 August 17, 2015 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel.
Entered: May 19, 2015
Frances E. Cafarell, Clerk