| THE PEOPLE V CHARLES PAYNE JR. |
| Motion No: KA 18-00805 |
| Slip Opinion No: 2018 NY Slip Op 73768(U) |
| Decided on May 24, 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. |
KA 18-00805
Indictment No: 2008-022
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CHARLES PAYNE JR., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Niagara County Court, rendered March 19, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Laura T. Bittner, Esq. sworn to April 20, 2018, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Entered: May 24, 2018
Mark W. Bennett, Clerk