THE PEOPLE V JOSE GARCIA
Motion No: KA 08-02028
Slip Opinion No: 2008 NYSlipOp 85853(U)
Decided on October 7, 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.


October 7, 2008

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

KA 08-02028
Indictment No: I07-383

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOSE GARCIA, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Oneida County Court, rendered December 20, 2007,

Now, upon reading and filing the affidavit of Jose Gabriel Garcia, sworn to August 21, 2008, the affidavit of Richard N. Bach, sworn to September 21, 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 Richard N. Bach is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before November 6, 2008.

Entered: October 7, 2008

JoAnn M. Wahl, Clerk