| THE PEOPLE V EVONY CAPPS |
| Motion No: KA 08-00581 |
| Slip Opinion No: 2008 NYSlipOp 69795(U) |
| Decided on April 10, 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 08-00581
Indictment No: 2005-2346
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V EVONY
CAPPS, 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 February 21, 2007,
Now, upon reading and filing the affidavit of Evony Capps sworn to March 10, 2008, the notice of motion with proof of service thereof, the letter of J. Michael Marion dated March 25, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted, and Thomas Eoannou is directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before May 9, 2008.
Entered: April 10, 2008
JoAnn M. Wahl, Clerk