| THE PEOPLE V PETER KING |
| Motion No: KA 00-00750 |
| Slip Opinion No: 2019 NY Slip Op 79778(U) |
| Decided on September 11, 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 00-00750
Indictment No: 1985-1352
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V PETER KING,
DEFENDANT-APPELLANT. |
Appellant having moved for summary reversal of the appeal taken herein from a judgment of the Supreme Court, Erie County, rendered December 15, 1986, and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the matter is remitted to Supreme Court, Erie County for a reconstruction hearing with respect to allegedly missing portions of the record on appeal, and
It is further ORDERED that the motion insofar as it seeks summary reversal is otherwise denied without prejudice to raise the issue on appeal, and
It is further ORDERED that the motion insofar as it seeks and extension is granted, the time to perfect the appeal is extended to November 16, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: September 11, 2019
Mark W. Bennett
Clerk of the Court