| THE PEOPLE V CHARLENE MESS Indictment No: 7367 |
| Motion No: KA 16-02127 |
| Slip Opinion No: 2016 NY Slip Op 93708(U) |
| Decided on December 7, 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 16-02127
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CHARLENE
MESS, DEFENDANT-APPELLANT. Indictment No: 7367 |
Respondent having moved to dismiss the appeal taken from a judgment of the Wyoming County Court, rendered June 23, 2016, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Vincent A. Hemming, Esq. sworn to November 14, 2016, the notice of motion with proof of service thereof, the affidavit of Gregory A. Kilburn, Esq. sworn to November 30, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to renewal of said motion on or before March 7, 2017 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel.
Entered: December 7, 2016
Frances E. Cafarell, Clerk