| PEOPLE V JUAN BATISTA |
| Motion No: KA 06-01612 |
| Slip Opinion No: 2008 NYSlipOp 68279(U) |
| Decided on April 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 06-01612
Indictment No: 2004-0332
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JUAN BATISTA,
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 Monroe, on March 3, 2005,
Now, upon reading and filing the affidavit of Juan Batista, sworn to January 29, 2008, the notice of motion with proof of service thereof, the answering letter of Loretta S. Courtney, dated February 5, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is dismissed as untimely.
Entered: April 1, 2008
JoAnn M. Wahl, Clerk