People v Whaley, John L.
Motion No: 2004-09628
Slip Opinion No: 2007 NYSlipOp 61990(U)
Decided on January 26, 2007
Appellate Division, 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 Division: Second Judicial Department

M49885

J/sl

2004-09628

The People, etc., respondent,

v John L. Whaley, appellant.

(Ind. No. 2627-03)

ORDER ON APPLICATION

Application by assigned counsel for the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered August 9, 2004, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in accordance with a decision and order of this court dated October 31, 2006, which granted the motion of previous assigned counsel for the appellant to be relieved under Anders v California (386 US 738), assigned new counsel, and directed new assigned counsel to serve and file a brief by a date certain.

ORDERED that the application is granted and the appellant's time to serve and file a brief in accordance with the decision and order dated October 31, 2006, is enlarged until March 30, 2007; and it is further,

ORDERED that the respondent's brief shall be served and filed on or before April 30, 2007.

ENTER:

James Edward Pelzer

Clerk of the Court