| People of State of New York v Kenneth Conklin |
| Motion No: 2005-01799 ROCR |
| Slip Opinion No: 2007 NYSlipOp 66714(U) |
| Decided on March 30, 2007 |
| 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- KENNETH CONKLIN, Appellant. |
DECISION
On the court's own motion, motions by appellant returnable December 12, 2006, and January 12, 2007, and motions by respondent returnable January 24, 2007, and January 31, 2007, are consolidated for purposes of disposition.
Motion by respondent to file late opposition is granted.
That branch of the motion by appellant for an extension of time to take an appeal from the judgment of conviction dated June 2, 2005 is denied as academic.
That branch of the motion for a certificate for leave to appeal from the order dated October 28, 2005, denying defendant's CPL 440.10 and 440.20 motions is granted.
That branch of the motion, in essence, to withdraw motion returnable December 12, 2006 is granted.
Motion by respondent to dismiss appeal number 2005-1799 RO CR is denied.
On the court's own motion, the appeals numbered 2005-1799 RO CR and 2006-2048 RO CR are hereby consolidated under appeal number 2005-1799 RO CR.
A notice of appeal dated May 19, 2006 taken from the judgment of conviction was filed with the court below pursuant to an order of this court dated May 12, 2006, which granted defendant an extension of time to taken an appeal pursuant to CPL 460.30. Thus, that branch of the motion for an extension of time to take an appeal is rendered academic.