THE PEOPLE V DAVID JOHNSON
Motion No: KA 07-02357
Slip Opinion No: 2008 NYSlipOp 90877(U)
Decided on December 1, 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.


December 1, 2008

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

KA 07-02357
Indictment No: 2006-2052

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DAVID JOHNSON, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to file and serve a pro se supplemental brief on the appeal taken from a judgment of the Supreme Court, Erie County, rendered September 26, 2007,

Now upon reading and filing the affidavit of David Johnson, sworn to November 10, 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 to the extent that appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before January 14, 2009,

It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before January 29, 2009.

Entered: December 1, 2008

JoAnn M. Wahl, Clerk