SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.

NO. 2003-1209 OR CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-


CHRISTOPHER PESCE,

Appellant.

DECISION

On the court's own motion, dismissal of the appeal is vacated on condition that the appeal is perfected by August 6, 2004; otherwise, appeal dismissed.

That branch of the motion by defendant-appellant to deem the allegations set forth in the affidavit of errors to be admitted for purposes of appeal is denied.

That branch of the motion seeking other relief granted to the extent that within 10 days of service by defendant upon the court below of copies of the affidavit of errors and the order hereon, the court below shall file with the clerk of this court the affidavit of errors and the court's return (CPL 460.10 [3] [d] [e]).