| THE PEOPLE V BRANDON R. IRONS |
| Motion No: KA 08-01962 |
| Slip Opinion No: 2008 NYSlipOp 91685(U) |
| Decided on December 9, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 08-01962
Indictment No: 2006-0769B
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BRANDON R.
IRONS, DEFENDANT-APPELLANT. |
A motion having been made by defendant for an order deeming the 22 NYCRR 1022.11(a) form filed in the Office of the Clerk of the County of Monroe on July 25, 2007 as a valid notice of appeal taken from the judgment of the Monroe County Court, rendered July 25, 2007,
Now, upon reading and filing the undated statement of Brandon Irons, 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 denied.
Memorandum: CPL 460.10(6) does not excuse the total failure to file and serve a notice of appeal (see People v Coble, 168 AD2d 982 [1990], appeal denied 78 NY2d 954 [1991]).
Entered: December 9, 2008
JoAnn M. Wahl, Clerk