THE PEOPLE V DEMARIO T. CRAYTON Indictment No: 7464
Motion No: KA 17-01036
Slip Opinion No: 2017 NY Slip Op 95782(U)
Decided on December 14, 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.


December 14, 2017

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

KA 17-01036

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DEMARIO T. CRAYTON, DEFENDANT-APPELLANT.

Indictment No: 7464


Respondent having moved to dismiss the appeal taken from a judgment of the Wyoming County Court, rendered May 18, 2016, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Michael J. Flaherty, Jr., Esq. sworn to November 20, 2017, the notice of motion with proof of service thereof, the affidavit of Norman P. Effman, Esq. sworn to November 21, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed.

Entered: December 14, 2017

Mark W. Bennett, Clerk