| THE PEOPLE V DERRICK JOHNSON THE PEOPLE V DERRICK JOHNSON |
| Motion No: KA 10-00738 |
| Slip Opinion No: 2016 NY Slip Op 92887(U) |
| Decided on November 28, 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 10-00738
SCI No: 2009-0275
KA 10-00739
SCI No: 2009-0674B
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DERRICK JOHNSON,
DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DERRICK JOHNSON,
DEFENDANT-APPELLANT. |
Defendant having moved to amend his prior motion seeking an extension of time pursuant to CPL 460.30, to file and serve a late notice of appeal,
Now, upon reading and filing the affidavit of Derrick Johnson sworn to October 31, 2016, the notice of motion with proof of service thereof, the statement of Daniel Gross, Esq. dated November 22, 2016, the affirmation of Barbara E. Farrell, Esq. dated November 22, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as moot.
Entered: November 28, 2016
Frances E. Cafarell, Clerk