| THE PEOPLE V ERIKA H. POOLE |
| Motion No: KA 17-02025 |
| Slip Opinion No: 2017 NY Slip Op 94866(U) |
| Decided on December 7, 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 17-02025
Indictment No: 16-40
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ERIKA H. POOLE,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered August 7, 2017, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph V. Cardone, Esq. dated November 14, 2017, the notice of motion with proof of service thereof, the statement of Jon Ross Wilson, Esq. dated November 22, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to renewal of said motion on or before March 7, 2018 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel.
Entered: December 7, 2017
Mark W. Bennett, Clerk