| THE PEOPLE V DANIEL FERNANDEZ |
| Motion No: KA 18-01417 |
| Slip Opinion No: 2018 NY Slip Op 83539(U) |
| Decided on September 7, 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 18-01417
Indictment No: 2004-495
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DANIEL
FERNANDEZ, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Niagara County Court, rendered October 27, 2005, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Laura T. Jordan, Esq., sworn to July 27, 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: Absent proof that defendant timely filed a notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Entered: September 7, 2018
Mark W. Bennett, Clerk