| People of State of New York v Yaohua Deng |
| Motion No: 2016-01103 SCR |
| Slip Opinion No: 2017 NY Slip Op 79608(U) |
| Decided on July 7, 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 Yaohua Deng, Appellant. |
Appeal from a judgment of conviction of the District Court of Suffolk County, Sixth District, rendered March 28, 2016. By order to show cause dated March 9, 2017, appellant was directed to show cause before this court why the appeal 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. Application by appellant for an extension of time to file an affidavit of errors.
Upon the order to show cause, and upon appellant's application and no papers having been filed by respondent in opposition thereto, it is
ORDERED that the motion to dismiss the appeal and appellant's application are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's application is granted and appellant's time to file an affidavit of errors is extended 30 days from the date of this decision and order on motion (see People v Smith, 2016 NY Slip Op 83072[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]); and it is further,
ORDERED that the motion to dismiss the appeal is denied on condition the affidavit of errors is filed within 30 days of this decision and order on motion; and it is further,
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ORDERED that in the event that the above condition is not met, the court, on its own motion, may dismiss the appeal or respondent may move to dismiss the appeal on three days' notice.
We note that the affidavit of errors must be addressed to, and filed in, the District Court, not this court.
ENTER:
Paul Kenny
Chief Clerk
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