PEOPLE V ANTONIO CABAN-ORTIZ, ALSO KNOWN AS TONY
Motion No: KA 07-02709
Slip Opinion No: 2008 NYSlipOp 61305(U)
Decided on January 15, 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.


January 15, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND FAHEY, JJ.

KA 07-02709
Indictment No: 07-01-034

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ANTONIO CABAN-ORTIZ, ALSO KNOWN AS TONY,

DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Ontario County Court entered in the Office of the Clerk of the County of Ontario, on October 17, 2007,

Now, upon reading and filing the affidavit of Antonio Caban-Ortiz, sworn to December 19, 2007, the notice of motion with proof of service thereof, the letter of Jonathan R. Lorge, dated December 31, 2007, the letter of R. Michael Tantillo, dated January 2, 2008, the letter of Jonathan R. Lorge, dated January 4, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is denied.

Entered: January 15, 2008

JoAnn M. Wahl, Clerk