| THE PEOPLE V BRYAN A. JORDAN |
| Motion No: KA 16-01847 |
| Slip Opinion No: 2016 NY Slip Op 90337(U) |
| Decided on November 1, 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 16-01847
SCI No: 2007-528
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BRYAN A.
JORDAN, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Niagara County Court, rendered December 15, 2008, 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 12, 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 filed and served on October 7, 2008 shall be treated as valid as to the judgment of Niagara County Court rendered December 15, 2008 pursuant to CPL 460.10(6), and
It is further ORDERED that the motion is granted, and the appeal is dismissed.
Entered: November 1, 2016
Frances E. Cafarell, Clerk