THE PEOPLE V BRENDA E. ROTH
Motion No: KA 17-01079
Slip Opinion No: 2017 NY Slip Op 80411(U)
Decided on July 19, 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.


July 19, 2017

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 17-01079
Indictment No: 2015-008

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

BRENDA E. ROTH, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Lewis County Court, rendered March 31, 2017,

Now, upon reading and filing the affidavit of Brenda Roth sworn to June 13, 2017, the notice of motion with proof of service thereof, the statement of John A. Cirando, Esq. dated July 13, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as unnecessary.

Memorandum: Gary W. Miles, Esq. timely filed and served the notice of appeal on March 31, 2017.

Entered: July 19, 2017

Frances E. Cafarell, Clerk