| People of State of New York v Segundo Lalvay |
| Motion No: 2015-01477 DCR |
| Slip Opinion No: 2016 NY Slip Op 93727(U) |
| Decided on November 30, 2016 |
| Appellate Term, Second 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Segundo Lalvay, Appellant. |
Appeal from a judgment of conviction of the Justice Court of the Town of North East, Dutchess County, rendered April 15, 2015. By order to show cause dated September 8, 2016, the parties were directed to show cause before this court why the appeal should or should not be dismissed on the ground that the appeal was not properly taken in that the trial proceedings were recorded electronically and no affidavit of errors was filed.
Upon the order to show cause and the papers filed by respondent in support thereof, and no papers having been filed by appellant in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see People v Smith, 27 NY3d 643 [2016]).
ENTER:
Paul Kenny
Chief Clerk