| THE PEOPLE V LUIS RAMOS-PEREZ SCI No: 5562 |
| Motion No: KA 17-02027 |
| Slip Opinion No: 2017 NY Slip Op 95744(U) |
| Decided on December 6, 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 17-02027
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V LUIS
RAMOS-PEREZ, DEFENDANT-APPELLANT. SCI No: 5562 |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered September 5, 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, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal dated August 30, 2017 which inaccurately lists the sentencing date as August 28, 2017 shall be treated as valid as to the judgment of Orleans County Court rendered September 5, 2017 for SCI 5562 pursuant to CPL 460.10(6), and
It is further ORDERED that the motion is granted, and the appeal is dismissed.
Entered: December 6, 2017
Mark W. Bennett, Clerk