THE PEOPLE V CALVIN L. BUTLER
Motion No: KA 16-02355
Slip Opinion No: 2018 NY Slip Op 90912(U)
Decided on October 18, 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.


October 18, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 16-02355
Indictment No: 16-01-040

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CALVIN L. BUTLER, DEFENDANT-APPELLANT.


Appellant having moved to enlarge the record for the appeal taken from the judgment of Ontario County Court, rendered August 25, 2016,

Now, upon reading and filing the affidavit of Calvin L. Butler, sworn to September 7, 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 premature.

Entered: October 18, 2018

Mark W. Bennett, Clerk