Opinion
KA 16-01000 Indictment No: 2013-1950
07-13-2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ASAD R. HIXON, DEFENDANT-APPELLANT.
PRESENT:
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered December 5, 2014, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Daniel J. Punch, Esq. sworn to June 23, 2016, the notice of motion with proof of service thereof, 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 October 11, 2016 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel.
Entered: July 13, 2016
Frances E. Cafarell, Clerk