| THE PEOPLE V JOSE A. CAPO Indictment No: 7434 |
| Motion No: KA 17-01037 |
| Slip Opinion No: 2017 NY Slip Op 77219(U) |
| Decided on June 12, 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 17-01037
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSE A.
CAPO, DEFENDANT-APPELLANT. Indictment No: 7434 |
Respondent having moved to dismiss the appeal taken from a judgment of the Wyoming County Court, rendered January 20, 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 May 23, 2017, the notice of motion with proof of service thereof, the affidavit of Gregory A. Kilburn, Esq. sworn to June 6, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal dated January 29, 2016 which inaccurately lists Indictment number 7441 shall be treated as valid as to the judgment of Wyoming County Court rendered January 20, 2016 for Indictment number 7434 pursuant to CPL 460.10(6), and
It is further ORDERED that the motion is denied without prejudice to renewal of said motion on or before September 11, 2017 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel.
Entered: June 12, 2017
Frances E. Cafarell, Clerk