| THE PEOPLE V CRANDALL JOHNSON |
| Motion No: KA 16-01762 |
| Slip Opinion No: 2016 NY Slip Op 89748(U) |
| Decided on October 21, 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 16-01762
SCI No: 2011-545A
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CRANDALL
JOHNSON, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Niagara County Court, rendered April 10, 2013, 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 September 29, 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 23, 2013 which inaccurately lists Indictment number 2011-545A shall be treated as valid as to the judgment of Niagara County Court, rendered April 10, 2013 for SCI number 2011-545A pursuant to CPL 460.10(6), and
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Entered: October 21, 2016
Frances E. Cafarell, Clerk