| THE PEOPLE V ALGERNON DIX |
| Motion No: KA 17-00286 |
| Slip Opinion No: 2017 NY Slip Op 66721(U) |
| Decided on March 7, 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 17-00286
Indictment No: 2015-128
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ALGERNON DIX,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Niagara County Court, rendered March 10, 2016,
Now, upon reading and filing the affidavit of Algernon Dix sworn to January 24, 2017, the notice of motion with proof of service thereof, the statement of J. Matthew Parrinello, Esq. dated February 14, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal dated March 24, 2012 [sic] which inaccurately lists the sentencing date as December 3, 2015 shall be treated as valid as to the judgment of Niagara County Court, rendered March 10, 2016 for indictment number 2015-128 pursuant to CPL 460.10 (6), and
It is further ORDERED that the motion is dismissed as unnecessary.
Memorandum: J. Matthew Parrinello, Esq. timely filed the notice of appeal on March 30, 2016 and timely served the notice of appeal on April 1, 2016.
Entered: March 7, 2017
Frances E. Cafarell, Clerk