| People of State of New York v Patrick M. Knapp |
| Motion No: 2016-02428 DCR |
| Slip Opinion No: 2017 NY Slip Op 66647(U) |
| Decided on February 27, 2017 |
| 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 Patrick M. Knapp, Appellant. |
Appeal from a judgment of conviction of the Justice Court of the Town of Milan, Dutchess County, rendered April 23, 2015. By order to show cause dated October 7, 2016, appellant was 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 proceedings were recorded electronically and no affidavit of errors was filed, and that the notice of appeal was not served upon the District Attorney as required by CPL 460.10 (1) (b).
Upon the order to show cause and respondent's affirmation in response thereto, and no papers having been filed by appellant in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see People v Smith, 27 NY3d 643 [2016]; CPL 460.10 [1] [b]).
ENTER:
Paul Kenny
Chief Clerk