THE PEOPLE V JOSHUA D. MCCARTHY Indictment No: 7090
Motion No: KA 15-00645 and KA 15-01384
Slip Opinion No: 2015 NY Slip Op 84081(U)
Decided on September 9, 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.


September 9, 2015

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

KA 15-00645 and KA 15-01384

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOSHUA D. MCCARTHY, DEFENDANT-APPELLANT.

Indictment No: 7090


Respondent having moved to dismiss the appeals taken from the judgments of the Wyoming County Court, rendered December 4, 2014 and February 11, 2015, on the ground that appellant has failed to perfect timely the appeals,

Now, upon reading and filing the affidavit of Vincent A. Hemming, Esq. sworn to August 19, 2015, the notice of motion with proof of service thereof, the affirmation of Thomas A. Burns, Esq. dated August 27, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: September 9, 2015

Frances E. Cafarell, Clerk