Opinion
KA 16-02127 Indictment No: 7367
12-07-2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CHARLENE MESS, DEFENDANT-APPELLANT.
PRESENT:
Respondent having moved to dismiss the appeal taken from a judgment of the Wyoming County Court, rendered June 23, 2016, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Vincent A. Hemming, Esq. sworn to November 14, 2016, the notice of motion with proof of service thereof, the affidavit of Gregory A. Kilburn, Esq. sworn to November 30, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to renewal of said motion on or before March 7, 2017 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel.
Entered: December 7, 2016
Frances E. Cafarell, Clerk