People v Phillip P. Battease

Motion No: 101557

Slip Opinion No: 2009 NYSlipOp 61191(U)

Decided on January 14, 2009

Appellate Division, Third 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.

Decided and Entered: January 14, 2009

Case # 101557

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v PHILLIP P. BATTEASE, Appellant.

DECISION AND ORDER ON MOTION

Motion, pursuant to CPL 460.30, for extension of time to take appeal.

Upon the papers filed in support of the motion and the papers filed in response thereto, it is

ORDERED that the motion is denied. Although the notice of appeal and amended notice of appeal both contain inaccurate descriptions of the judgment appealed from, we exercise our discretion to treat the amended notice of appeal as valid (see CPL 460.10 [6]).
CARDONA, P.J., PETERS, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court