| People v Ortega, Anthony M. |
| Motion No: 570146/06 |
| Slip Opinion No: 2006 NYSlipOp 65915(U) |
| Decided on March 22, 2006 |
| Appellate Term, First Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
March 22, 2006
People v Ortega, Anthony M.
It is ordered that the motion to file a late Notice of Appeal and for other relief is denied. Pursuant to CPL § 460.30(1) a request for an extension of time to file a Notice of Appeal ... "must be made with due diligence after the time for the taking of such appeal has expired, and in any case not more than one year thereafter." In this case, the movant waited almost one and a half years after the imposition of the sentence prior to making this application for an extension of time to file a late Notice of Appeal. Accordingly, the motion is denied.
By: McCooe, J.P., Davis, Gangel-Jacob, J.J.
Motion No. 570146/06