THE PEOPLE V GARY MALLABER
Motion No: KA 08-01614
Slip Opinion No: 2008 NYSlipOp 80163(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 08-01614
Indictment No: 2004-3576

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

GARY MALLABER, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from the sentence of the Supreme Court entered in the Office of the Clerk of the County of Monroe, on September 17, 2007,

Now, upon reading and filing the affirmation of Drew R. DuBrin, dated 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, and Roger Brazill is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before September 10, 2008.

Entered: August 11, 2008

JoAnn M. Wahl, Clerk