| PEOPLE V CLEOTIS MERCER |
| Motion No: KA 05-01293 |
| Slip Opinion No: 2008 NYSlipOp 91689(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 05-01293
Indictment No: I2004-168
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CLEOTIS MERCER,
DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Oneida County Court, rendered March 23, 2005,
Now, upon reading and filing the affidavit of Joseph P. Giruzzi, sworn to November 24, 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 the ordering paragraph of the order of this Court entered September 9, 2008 is hereby amended by striking therefrom the date December 8, 2008 and inserting in place thereof the date March 9, 2009.
Memorandum: The direct appeal must be perfected within the time frame set forth in this order.
Entered: December 9, 2008
JoAnn M. Wahl, Clerk