THE PEOPLE V MARK SWIFT
Motion No: KA 08-00947
Slip Opinion No: 2008 NYSlipOp 72788(U)
Decided on May 20, 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.


May 20, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KA 08-00947
Indictment No: 2005-18

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MARK SWIFT, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Steuben County Court entered in the Office of the Clerk of the County of Steuben, on October 13, 2005,

Now, upon reading and filing the statement of Mark Swift, dated April 27, 2008, the notice of motion with proof of service thereof, the answering affidavit of John C. Tunney, sworn to May 2, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is dismissed as untimely.

Entered: May 20, 2008

JoAnn M. Wahl, Clerk