THE PEOPLE V HAROLD J. RIVERA
Motion No: KA 08-01753
Slip Opinion No: 2008 NYSlipOp 82324(U)
Decided on September 8, 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.


September 8, 2008

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

KA 08-01753
Indictment No: 07-07-083

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

HAROLD J. RIVERA, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Ontario County Court, rendered October 16, 2007,

Now, upon reading and filing the affidavit of Harold Rivera, sworn to July 24, 2008, the notice of motion with proof of service thereof, the letter of David Lee Foster, dated August 23, 2008, the affirmation of Michelle H. Crowley, dated September 3, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted, and David Lee Foster is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before October 8, 2008.

Entered: September 8, 2008

JoAnn M. Wahl, Clerk