| THE PEOPLE V J.W. HARDY ALSO KNOWN AS J.W. HARDY, JR. |
| Motion No: KA 15-00890 |
| Slip Opinion No: 2015 NY Slip Op 75066(U) |
| Decided on June 2, 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 15-00890
Indictment No: 14-35
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V J.W. HARDY
ALSO KNOWN AS J.W. HARDY, JR., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered February 23, 2015, 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 May 12, 2015, the notice of motion with proof of service thereof, the affirmation of Thomas A. Burns, Esq. dated May 19, 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 31, 2015 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel.
Entered: June 2, 2015
Frances E. Cafarell, Clerk