| THE PEOPLE V ASAD R. HIXON |
| Motion No: KA 16-01000 |
| Slip Opinion No: 2016 NY Slip Op 79613(U) |
| Decided on July 13, 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 16-01000
Indictment No: 2013-1950
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ASAD R. HIXON,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered December 5, 2014, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Daniel J. Punch, Esq. sworn to June 23, 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 October 11, 2016 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel.
Entered: July 13, 2016
Frances E. Cafarell, Clerk