THE PEOPLE V ANDREW BENITEZ
Motion No: KA 24-00995
Slip Opinion No: 2024 NY Slip Op 73420(U)
Decided on August 23, 2024
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


August 23, 2024

PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.

KA 24-00995

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ANDREW BENITEZ, DEFENDANT-APPELLANT.

Indictment No.: 8964


Respondent having moved to dismiss the appeal taken herein from a judgment of the Wyoming County Court, rendered December 20, 2023, on the ground that appellant has failed to timely perfect the appeal,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless perfected on or before October 22, 2024.

Entered: August 23, 2024

Ann Dillon Flynn

Clerk of the Court