| THE PEOPLE V MICHAEL MILTON |
| Motion No: KA 17-01963 |
| Slip Opinion No: 2019 NY Slip Op 63790(U) |
| Decided on February 21, 2019 |
| 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 17-01963
Indictment No: 2015-02029X
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MICHAEL MILTON,
DEFENDANT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken from a judgment of the Supreme Court, Erie County, rendered March 3, 2017,
Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq., dated December 27, 2018, the notice of motion with proof of service thereof, the affidavit of Donna A. Milling, sworn to January 9, 2019, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: In a prior motion to this Court, defendant sought to vacate the dismissal of his appeal. We denied the motion with leave to renew. Upon our review of the papers submitted on the renewed motion, we conclude that defendant has failed to set forth "sufficient facts to demonstrate a meritorious appeal" (22 NYCRR 1250.10 [c]). We therefore deny the renewed motion.
Entered: February 21, 2019
Mark W. Bennett, Clerk