| THE PEOPLE V YHURY MARCELO Indictment No: 7696 |
| Motion No: KA 17-02135 |
| Slip Opinion No: 2017 NY Slip Op 96265(U) |
| Decided on December 18, 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. |
KA 17-02135
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V YHURY
MARCELO, DEFENDANT-APPELLANT. Indictment No: 7696 |
Respondent having moved to dismiss the appeal taken from a judgment of the Wyoming County Court, rendered July 19, 2017, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Vincent A. Hemming, Esq. sworn to December 1, 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, and the appeal is dismissed.
Entered: December 18, 2017
Mark W. Bennett, Clerk