| THE PEOPLE V JOSEPH MAURICIO |
| Motion No: KA 08-00607 |
| Slip Opinion No: 2008 NYSlipOp 69329(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 08-00607
Indictment No. 00-2128-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSEPH
MAURICIO, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from an order of the Erie County Court entered in the Office of the Clerk of the County of Erie, on August 3, 2007,
Now, upon reading and filing the affidavit of Joseph Mauricio sworn to March 7, 2008, the notice of motion with proof of service thereof, the answering affirmation of Joseph J. Terranova dated March 28, 2008, the letter of J. Michael Marion dated April 2, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is denied without prejudice.
Memorandum: An appeal under Sexual Offender Registration Act is governed by CPLR articles 55 and 57 (see Correction Law § 168-n [3]), and, therefore, CPL 460.30 is not applicable. The time to take an appeal begins to run after the order is served on the appellant with written notice of its entry (see CPLR 5513 [a]; Correction Law § 168-n). In the absence of evidence that the People have served the order with written notice of its entry, we are unable to determine if the time to take an appeal has begun to run.
Entered: April 14, 2008
JoAnn M. Wahl, Clerk