| THE PEOPLE V AJHO M. DIN |
| Motion No: KA 16-00673 |
| Slip Opinion No: 2016 NY Slip Op 73138(U) |
| Decided on May 10, 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 16-00673
Indictment No: 2014-1667D and SCI No: 39521
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V AJHO M. DIN,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County, rendered February 18, 2015, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael J. Hillery, Esq. sworn to April 22, 2016, the notice of motion with proof of service thereof, the affirmation of Timothy P. Murphy, Esq. dated April 28, 2016, 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 8, 2016 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel.
Entered: May 10, 2016
Frances E. Cafarell, Clerk