People of State of New York v George Scivolette
Motion No: 2006-00057 dcr
Slip Opinion No: 2006 NYSlipOp 71537(U)
Decided on June 30, 2006
Appellate Term, Second 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS


PRESENT : RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.


NO. 2006-57 D CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-

GEORGE SCIVOLETTE,

Appellant.

DECISION

That branch of the motion by appellant seeking to compel the court below to file an amended return is denied.

That branch of the motion for an enlargement of time to perfect appeal is granted and appeal shall be perfected by October 6, 2006.

Appellant is precluded from raising contentions pertaining to the original judgment of conviction from which no appeal was taken.