| THE PEOPLE V FREDERICK C. MILLER |
| Motion No: KA 15-00193 |
| Slip Opinion No: 2016 NY Slip Op 66681(U) |
| Decided on March 7, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 15-00193
Indictment No: 13-17
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V FREDERICK C.
MILLER, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered November 3, 2014, 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 February 17, 2016, the notice of motion with proof of service thereof, the affidavit of Nicholas P. DiFonzo, Esq. sworn to February 22, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: March 7, 2016
Frances E. Cafarell, Clerk