| THE PEOPLE V LEON P. JOHNSON |
| Motion No: KA 16-01780 |
| Slip Opinion No: 2016 NY Slip Op 89815(U) |
| Decided on October 26, 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 16-01780
Indictment No: 2009-244
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V LEON P. JOHNSON,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Niagara County Court, rendered March 9, 2010, 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 October 4, 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 unnecessary.
Memorandum: Absent proof that defendant timely filed and served a notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Entered: October 26, 2016
Frances E. Cafarell, Clerk