Opinion
KA 14-00946 Indictment No: 01-04-057 Indictment No: 01-07-117
06-25-2014
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendant having moved for leave to appeal from the order of Ontario County Court, dated April 21, 2014,
Now, upon reading and filing the affidavit of Jason Cato sworn to May 21, 2014, the notice of motion with proof of service thereof, the statement of James B. Ritts, Esq. dated June 12, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Defendant may appeal as of right (see CPL 440.46 [3]; L 2004 ch 738 § 23).
Entered:
Frances E. Cafarell, Clerk