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People v. Fernandez

Appellate Division of the Supreme Court of the State of New York
Sep 7, 2018
2018 N.Y. Slip Op. 83539 (N.Y. App. Div. 2018)

Opinion

KA 18-01417 Indictment No: 2004-495

09-07-2018

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DANIEL FERNANDEZ, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from a judgment of the Niagara County Court, rendered October 27, 2005, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Laura T. Jordan, Esq., sworn to July 27, 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 unnecessary.

Memorandum: Absent proof that defendant timely filed a notice of appeal pursuant to CPL 460.10, there is no appeal pending.

Entered: September 7, 2018

Mark W. Bennett, Clerk


Summaries of

People v. Fernandez

Appellate Division of the Supreme Court of the State of New York
Sep 7, 2018
2018 N.Y. Slip Op. 83539 (N.Y. App. Div. 2018)
Case details for

People v. Fernandez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DANIEL FERNANDEZ…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Sep 7, 2018

Citations

2018 N.Y. Slip Op. 83539 (N.Y. App. Div. 2018)