THE PEOPLE V EDWARD C. SMALLWOOD Indictment No: 7326
Motion No: KA 16-00229
Slip Opinion No: 2016 NY Slip Op 66258(U)
Decided on March 1, 2016
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.


March 1, 2016

KA 16-00229

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

EDWARD C. SMALLWOOD, DEFENDANT-APPELLANT.

Indictment No: 7326


Respondent having moved to dismiss the appeal taken from a judgment of the Wyoming County Court, rendered September 15, 2015, 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 to February 4, 2016, the notice of motion with proof of service thereof, and there being no opposition thereto,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed.

Entered: March 1, 2016

Frances E. Cafarell, Clerk