THE PEOPLE V EUGENE S. BROWN, ALSO KNOWN AS EUGENE NESMITH
Motion No: KA 12-01620
Slip Opinion No: 2017 NY Slip Op 80424(U)
Decided on July 20, 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 20, 2017

PRESENT: SMITH, J.P., PERADOTTO, CARNI, LINDLEY, AND DEJOSEPH, JJ.

KA 12-01620
Indictment No: 2011-0466

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

EUGENE S. BROWN, ALSO KNOWN AS EUGENE NESMITH,

DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Monroe County Court, rendered May 3, 2012,

Now, upon reading and filing the affirmation of Jeffrey Wicks, Esq. dated June 26, 2017, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that appellant perfect the appeal on or before October 18, 2017, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: July 20, 2017

Frances E. Cafarell, Clerk