| PEOPLE V DEMONE R. FRAZIER |
| Motion No: KA 07-02526 |
| Slip Opinion No: 2008 NYSlipOp 60704(U) |
| Decided on January 8, 2008 |
| 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, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 07-02526
Indictment No: 2006-0977
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DEMONE R.
FRAZIER, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Erie County Court entered in the Office of the Clerk of the County of Erie, on June 6, 2007,
Now, upon reading and filing the affidavit of Deomne R. Frazier, sworn to November 28, 2007, the notice of motion with proof of service thereof, the letter of J. Michael Marion, dated December 13, 2007, the letter of Jon Allon Nichols, dated December 15, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted to the extent that the notice of appeal filed in the Office of the Clerk of the County of Erie and served on the District Attorney's Office on July 19, 2007 is hereby deemed to be timely filed and served.
Entered: January 8, 2008
JoAnn M. Wahl, Clerk