THE PEOPLE V EUGENE MARTIN
Motion No: KA 08-01545
Slip Opinion No: 2008 NYSlipOp 79509(U)
Decided on August 4, 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.


August 4, 2008

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

KA 08-01545
SCI No: 2007-543

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

EUGENE MARTIN, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Niagara County Court entered in the Office of the Clerk of the County of Niagara, on April 16, 2008,

Now, upon reading and filing the affidavit of Eugene Martin, sworn to July 10, 2008, the notice of motion with proof of service thereof, the letter of Michael E. Benedict, dated July 29, 2008, and due deliberation having been had thereon,

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

Entered: August 4, 2008

JoAnn M. Wahl, Clerk