| THE PEOPLE V JAMES BALDWIN |
| Motion No: KA 10-01859 |
| Slip Opinion No: 2017 NY Slip Op 69120(U) |
| Decided on March 29, 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 10-01859
Indictment No: 2009-1297
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES BALDWIN,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County, rendered August 13, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Donna A. Milling, Esq. sworn to March 9, 2017, the notice of motion with proof of service thereof, the statement of James Baldwin filed March 24, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before June 27, 2017.
Entered: March 29, 2017
Frances E. Cafarell, Clerk