| THE PEOPLE V ANTOINE T. BROWN |
| Motion No: KA 12-00903 |
| Slip Opinion No: 2017 NY Slip Op 82457(U) |
| Decided on August 4, 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 12-00903
Indictment No: 2010-00199
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ANTOINE T. BROWN,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court, Erie County, dated December 23, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David A. Heraty, Esq. sworn to July 17, 2017, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal dated January 24, 2014 shall be treated as valid as to the order of Supreme Court, Erie County, dated December 23, 2011 for Indictment 2010-00199 pursuant to CPL 460.10 (6), and
It is further ORDERED that motion is granted, and the appeal is dismissed.
Entered: August 4, 2017
Frances E. Cafarell, Clerk