| THE PEOPLE V DONALD ROGERS, JR. |
| Motion No: KA 15-00854 and KA 16-00816 |
| Slip Opinion No: 2016 NY Slip Op 77436(U) |
| Decided on June 16, 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 15-00854 and KA 16-00816
Indictment No: 2014-014
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DONALD
ROGERS, JR., DEFENDANT-APPELLANT. |
Appellant having moved to consolidate the appeal taken from a judgment of the Niagara County Court, rendered April 27, 2015 (KA 15-00854), with an application pursuant to CPL 460.15 seeking permission to appeal from an order of Niagara County Court, dated November 19, 2015 (KA 16-00816),
Now, upon reading and filing the affidavit of Donald Rogers, Jr., sworn to April 21, 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 premature.
Entered: June 16, 2016
Frances E. Cafarell, Clerk