PEOPLE V AHMIR COLE
Motion No: KA 07-02429
Slip Opinion No: 2008 NYSlipOp 92856(U)
Decided on December 17, 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 17, 2008

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

KA 07-02429
Indictment No: 2006-0952

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

AHMIR COLE, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Erie County Court, rendered November 8, 2007,

Now, upon reading and filing the affirmation of Jeremy D. Schwartz, dated December 5, 2008, the notice of motion with proof of service thereof, the letter of J. Michael Marion, dated December 9, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted on the condition that appellant perfect the appeal on or before March 17, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: December 17, 2008

JoAnn M. Wahl, Clerk