PEOPLE V WILLIE GARRETT
Motion No: KA 07-00455
Slip Opinion No: 2008 NYSlipOp 80155(U)
Decided on August 11, 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 11, 2008

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

KA 07-00455
Indictment No: 05-226

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

WILLIE GARRETT, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Oneida County Court entered in the Office of the Clerk of the County of Oneida on January 9, 2006,

Now, upon reading and filing the affidavit of Donald R. Gerace, sworn to July 24, 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 granted on the condition that appellant perfect the appeal on or before October 10, 2008, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: August 11, 2008

JoAnn M. Wahl, Clerk