| THE PEOPLE V TODD J. HOKE |
| Motion No: KA 16-01326 |
| Slip Opinion No: 2016 NY Slip Op 84192(U) |
| Decided on August 30, 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 16-01326
Index No: 2012-266 CR / Indictment No: 2012-249
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TODD J.
HOKE, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an order of the Steuben County Court, dated March 6, 2013 and entered March 11, 2013, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Amanda M. Chafee, Esq. sworn to July 28, 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 March 26, 2013 which inaccurately lists indictment number 2012-249 shall be treated as valid as to the decision and order of Steuben County Court dated March 6, 2013 and entered March 11, 2013 for Index number 2012-266CR / Indictment number 2012-249 pursuant to CPLR 5520 (c), and
It is further ORDERED that the motion is granted, and the appeal is dismissed.
Entered: August 30, 2016
Frances E. Cafarell, Clerk