| PEOPLE V JULIO MERCEDES |
| Motion No: KA 07-01926 |
| Slip Opinion No: 2007 NYSlipOp 80409(U) |
| Decided on October 9, 2007 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
KA 07-01926
Indictment No: 2004-1103B
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JULIO MERCEDES, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Monroe County Court entered in the Office of the Clerk of the County of Monroe, on June 13, 2005,
Now, upon reading and filing the affidavit of Julio Mercedes, sworn to September 20, 2007, the notice of motion with proof of service thereof, the answering letter of Loretta S. Courtney, dated August 23, 2007, the affirmation of Michael J. Tuohey, sworn to October 3, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is dismissed as untimely.
Entered: October 9, 2007
JoAnn M. Wahl, Clerk