| THE PEOPLE V DAVID FERRY |
| Motion No: KA 16-01112 |
| Slip Opinion No: 2016 NY Slip Op 80292(U) |
| Decided on July 14, 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 16-01112
SCI No: 2007-547A-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID
FERRY, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Niagara County Court, rendered April 6, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Laura T. Bittner, 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 notice of appeal dated April 24, 2009 which inaccurately lists indictment number 2007-547-A shall be treated as valid as to the judgment of Niagara County Court rendered April 6, 2009 for SCI number 2007-547A-1 pursuant to CPL 460.10(6), and
It is further ORDERED that the motion is granted, and the appeal is dismissed.
Entered: July 14, 2016
Frances E. Cafarell, Clerk