| People v Duchesne, Hector L. |
| Motion No: 570343/07 |
| Slip Opinion No: 2008 NYSlipOp 60156(U) |
| Decided on January 4, 2008 |
| 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. |
January 4, 2008
People v Duchesne, Hector L.
It is Ordered that the motion for permission to file an untimely Notice of Appeal is denied. Pursuant to CPL § 460.30[1], the application to file an untimely Notice of Appeal must be made with due diligence after the time for taking such an appeal has expired, and in any case not more than one year thereafter. This application was made almost two years after the sentence. Accordingly, the motion to file an untimely Notice of Appeal is denied. Steven Banks, Esq., of the Legal Aid Society, is relieved as counsel for the defendant as there is no appeal to prosecute.
By: Davis, J.P., Schoenfeld, Heitler, J.J.
Motion No. 570343/07