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

KA 08-00645
Indictment No: 02-04-106 & 03-01-013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ELIZABETH WHITE, DEFENDANT-APPELLANT.

Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from an order of the Ontario County Court entered in the Office of the Clerk of the County of Ontario, on October 12, 2007, and for other relief,

Now, upon reading and filing the affidavit of Elizabeth White, sworn to March 21, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

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

Memorandum: The Ontario County Court's denial of defendant's re-sentencing application is not appealable inasmuch as the court determined that defendant was not convicted of a class A-I felony (see L.2004, ch 738) or A-II felony (see L. 2005, ch 643). Thus, the notice of appeal from the order entered October 12, 2007, which was filed on February 11, 2008 in the Ontario County Clerk's Office, is null and void. To the extent that defendant moves to extend the time to take an appeal from a judgment of Ontario County Court entered in the Office of the Clerk of the County of Ontario on September 2, 2003 pursuant to CPL 460.30, the motion is dismissed as untimely.

Entered: May 21, 2008

JoAnn M. Wahl, Clerk