| THE PEOPLE V RANDY M. MILLER Indictment No: 7571 |
| Motion No: KA 17-00438 |
| Slip Opinion No: 2017 NY Slip Op 66728(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 17-00438
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RANDY M. MILLER,
DEFENDANT-APPELLANT. Indictment No: 7571 |
Respondent having moved to dismiss the appeal taken from a judgment of the Wyoming County Court, rendered September 29, 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 February 15, 2017, the notice of motion with proof of service thereof, the affidavit of Gregory A. Kilburn, Esq. sworn to February 23, 2017, 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 June 5, 2017 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel.
Entered: March 7, 2017
Frances E. Cafarell, Clerk