| THE PEOPLE V ANTHONY D. COLBERT |
| Motion No: KA 08-00617 |
| Slip Opinion No: 2008 NYSlipOp 72716(U) |
| Decided on May 15, 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 08-00617
Indictment No: 2007-0352
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ANTHONY D.
COLBERT, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe, on September 6, 2007,
Now, upon reading and filing the affidavit of Anthony Colbert, sworn to March 16, 2008, the notice of motion with proof of service thereof, the letter of Drew R. DuBrin, dated March 31, 2008, the letter of Loretta S. Courtney, dated April 4, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted, and Roger Brazill is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before June 13, 2008.
Memorandum: 22 NYCRR 1022.11(a) requires that the written notice of the right to appeal be given to the defendant ". . . immediately after the pronouncement of sentence." Because we are unable to determine when defendant signed the form waiving his appellate rights, defendant is entitled to CPL 460.30 relief.
Entered: May 15, 2008
JoAnn M. Wahl, Clerk