| PEOPLE V EDDIE AMARO |
| Motion No: KA 07-02647 |
| Slip Opinion No: 2008 NYSlipOp 69313(U) |
| Decided on April 14, 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 07-02647
Indictment No: 2007-0727-1
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V EDDIE AMARO,
DEFENDANT-APPELLANT. |
Appellant having moved for reargument of the order of this Court entered January 8, 2008,
Now, upon reading and filing the statement of Eddie Amaro, dated February 7, 2008, the notice of motion with proof of service thereof, 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 Paul Carey is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before May 14, 2008.
Memorandum: Because the Notification and Waiver of the Right to Appeal form does not make clear that defendant maintained limited appellate rights despite his waiver of the right to appeal, it cannot be concluded that defendant knowingly and intelligently chose not to appeal. As a consequence, defendant's motion for an extension of time to file and serve a notice of appeal is granted.
Entered: April 14, 2008
JoAnn M. Wahl, Clerk