| People v Vazquez, Joseph M. |
| Motion No: 570054/07 |
| Slip Opinion No: 2008 NYSlipOp 71148(U) |
| Decided on May 6, 2008 |
| Appellate Term, First 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. |
May 6, 2008
People v Vazquez, Joseph M.
The movant's failure to serve and file a Notice of Appeal deprives this court of jurisdiction. ( 22 NYCRR § 640.1 ). In addition, any possible application for an extension of time to appeal would have had to have been made within one year after the time to take an appeal had expired. In this case, that would have been no later than January 9, 2007, over one year ago. ( CPL § 460.30.1[a] and 460.10.1[a]) Accordingly, the motion is denied.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570054/07