| THE PEOPLE V CHRISTOPHER J. MITCHELL |
| Motion No: KA 16-01926 |
| Slip Opinion No: 2016 NY Slip Op 92431(U) |
| Decided on November 23, 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 16-01926
IDV No: DV-16-0004
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V
CHRISTOPHER J. MITCHELL, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered July 12, 2016, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph V. Cardone, Esq. dated October 17, 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 July 18, 2016 which inaccurately lists the sentencing date of July 11, 2016 shall be treated as valid as to the judgment of Orleans County Court rendered July 12, 2016 pursuant to CPL 460.10(6), and
It is further ORDERED that the motion is granted, and the appeal is dismissed.
Entered: November 23, 2016
Frances E. Cafarell, Clerk