| PEOPLE V MARCEL TIRADO |
| Motion No: KA 07-00174 |
| Slip Opinion No: 2008 NYSlipOp 62973(U) |
| Decided on February 1, 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 07-00174
Indictment No: 2005-0873-1
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MARCEL
TIRADO, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Onondaga County Court entered in the Office of the Clerk of the County of Onondaga, on January 18, 2006,
Now, upon reading and filing the affidavit of Marcel Tirado, sworn to January 4, 2008, the notice of motion with proof of service thereof, the answering letter of Ralph A. Cognetti, dated January 15, 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 ordering paragraph of the order of this Court entered February 5, 2007 is hereby amended by striking therefrom the date March 7, 2007, and inserting in place thereof the date February 29, 2008 (see People v Sher, 35 NY2d 310), and
It is further ORDERED that Ralph A. Cognetti is hereby directed to serve the notice of appeal in accordance with CPL 460.10 on or before February 29, 2008.
Entered: February 1, 2008
JoAnn M. Wahl, Clerk