| PEOPLE V JIMMY VELASQUEZ ALSO KNOWN AS JOSE COLON |
| Motion No: KA 07-02596 |
| Slip Opinion No: 2008 NYSlipOp 62411(U) |
| Decided on January 25, 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 07-02596
Indictment No: 2006-650
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JIMMY
VELASQUEZ ALSO KNOWN AS JOSE COLON, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie, on January 26, 2007,
Now, upon reading and filing the affidavit of Jimmy Velazquez, sworn to November 29, 2007, the notice of motion with proof of service thereof, the letter of J. Michael Marion, dated December 13, 2007, the letter of Phillip Dabney, Jr., dated January 3, 2008, 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 on January 8, 2008 and served on the District Attorney's Office on January 3, 2008 is hereby deemed timely filed and served.
Entered: January 25, 2008
JoAnn M. Wahl, Clerk