| THE PEOPLE V BRANDON BAKER |
| Motion No: KA 16-00528 |
| Slip Opinion No: 2016 NY Slip Op 71093(U) |
| Decided on April 20, 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 16-00528
Indictment No: DV-15-0009
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BRANDON
BAKER, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Orleans County, rendered December 21, 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 April 1, 2016, the notice of motion with proof of service thereof, 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 June 20, 2016 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel.
Entered: April 20, 2016
Frances E. Cafarell, Clerk