| People v Capers, Shamel |
| Motion No: 2018-03218 |
| Slip Opinion No: 2018 NY Slip Op 79878(U) |
| Decided on August 8, 2018 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M253469
E/sl
JOHN M. LEVENTHAL, J.P.
CHERYL E. CHAMBERS
JOSEPH J. MALTESE
VALERIE BRATHWAITE NELSON, JJ.
|
2018-03218 The People, etc., respondent, v Shamel Capers, appellant. (Ind. No. 1003/15)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the County Court, Queens County, rendered November 30, 2017. By order to show cause dated June 22, 2018, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the notice of appeal from the judgment was untimely. Application by the appellant pursuant to CPL 460.30 to deem the notice of appeal timely filed.
Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the application is granted and the notice of appeal is deemed timely filed (see CPL 460.30).
LEVENTHAL, J.P., CHAMBERS, MALTESE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court