| People of State of New York v James Condon |
| Motion No: 2008-00918 WCR 06-16-2008 |
| Slip Opinion No: 2008 NYSlipOp 80894(U) |
| Decided on August 19, 2008 |
| Appellate Term, Second 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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- JAMES CONDON, Appellant. |
DECISION
That branch of the motion by appellant seeking, in essence, to compel the court below to file an amended return is granted, and such return shall be filed with this court within 30 days of service by defendant upon the court below of a copy of his affidavit of errors and the order hereon.
That branch of the motion for an enlargement of time to perfect appeal is granted and appeal shall be perfected by October 3, 2008.
The record heretofore filed does not contain the accusatory instruments; supporting depositions, if any; and a return prepared after the filing of defendant's affidavit of errors or stating that the opinion of the court below constitutes the judge's response to the affidavit of errors.