| THE PEOPLE V JOSE LOPEZ-SARMIENTO |
| Motion No: KA 18-00608 |
| Slip Opinion No: 2018 NY Slip Op 72753(U) |
| Decided on May 14, 2018 |
| 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 18-00608
SCI No: 16-49
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSE
LOPEZ-SARMIENTO, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Yates County Court, rendered May 2, 2017,
Now, upon reading and filing the affidavit of Jose Lopez-Sarmiento, sworn to March 30, 2018, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Katie A. Martens-Henderson, Esq., timely filed the notice of appeal on May 31, 2017, and timely served the notice of appeal on June 1, 2017.
Entered: May 14, 2018
Mark W. Bennett, Clerk