| THE PEOPLE V BRENDON BERNDT |
| Motion No: KA 15-00786 |
| Slip Opinion No: 2016 NY Slip Op 73145(U) |
| Decided on May 11, 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 15-00786
Indictment No: 2012-0181
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BRENDON BERNDT,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court rendered November 20, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David A. Heraty, Esq. sworn to April 20, 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 dismissed as unnecessary.
Memorandum: Absent proof that defendant timely served his notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Entered: May 11, 2016
Frances E. Cafarell, Clerk