| THE PEOPLE V JERMAINE W. JOHNSTON |
| Motion No: KA 13-02064 |
| Slip Opinion No: 2017 NY Slip Op 65767(U) |
| Decided on February 28, 2017 |
| 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 13-02064
Indictment No: 2012-0598
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JERMAINE W.
JOHNSTON, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Monroe County Court, rendered November 7, 2013,
Now, upon reading and filing the affirmation of David M. Abbatoy, Jr., Esq. dated January 5, 2017, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that appellant perfect the appeal on or before May 30, 2017, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: February 28, 2017
Frances E. Cafarell, Clerk