| PEOPLE V EMANUEL SOTO |
| Motion No: KA 07-02010 |
| Slip Opinion No: 2008 NYSlipOp 67070(U) |
| Decided on March 18, 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 07-02010
Indictment No: 2006-1662
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V EMANUEL
SOTO, 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 March 12, 2007,
Now, upon reading and filing the affidavit of Emanuel Soto, sworn to February 26, 2008, the notice of motion with proof of service thereof, the letter of J. Michael Marion, dated March 12, 2008, the letter of Joseph J. Terranova, dated March 14, 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 December 21, 2007 and served on the District Attorney's Office on February 29, 2008 is hereby deemed timely filed and served.
Entered: March 18, 2008
JoAnn M. Wahl, Clerk