| THE PEOPLE V TIMOTHY GILPATRICK |
| Motion No: KA 08-00466 |
| Slip Opinion No: 2008 NYSlipOp 67653(U) |
| Decided on March 24, 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 08-00466
Indictment No: 2005-1784
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TIMOTHY
GILPATRICK, 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 August 21, 2007,
Now, upon reading and filing the affidavit of Timothy Gilpatrick, sworn to February 29, 2008, the notice of motion with proof of service thereof, the letter of J. Michael Marion, dated March 12, 2008, the statement of Dominic Saraceno, dated March 19, 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 September 25, 2007 and served on the District Attorney's Office on September 24, 2007 is hereby deemed timely filed and served.
Entered: March 24, 2008
JoAnn M. Wahl, Clerk