| THE PEOPLE V DAVID E. MITCHELL ALSO KNOWN AS "DAVEY BOY" |
| Motion No: KA 08-00878 |
| Slip Opinion No: 2008 NYSlipOp 71423(U) |
| Decided on May 5, 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 08-00878
Indictment No: 2006-2168
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID E.
MITCHELL ALSO KNOWN AS "DAVEY BOY", 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 October 19, 2007,
Now, upon reading and filing the affidavit of David Mitchell, sworn to April 7, 2008, the notice of motion with proof of service thereof, the answering affirmation of Thomas J. Eoannou, dated April 23, 2008, the letter of J. Michael Marion, dated April 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 J. Eoannou is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before June 4, 2008.
Entered: May 5, 2008
JoAnn M. Wahl, Clerk