| THE PEOPLE V JUSTIN NICHOLS |
| Motion No: KA 09-00003 |
| Slip Opinion No: 2009 NYSlipOp 61535(U) |
| Decided on January 20, 2009 |
| 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 09-00003
Indictment No: 2007-120A
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JUSTIN
NICHOLS, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Livingston County Court, rendered July 29, 2008,
Now, upon reading and filing the affidavit of Justin M. Nichols, sworn to December 28, 2008, the notice of motion with proof of service thereof, the letter of Eric R. Schiener, dated January 14, 2009, 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 notice of appeal filed at the Office of the Clerk of Livingston County and served on the Livingston County District Attorney's Office on September 2, 2008 is hereby deemed timely filed and served.
Entered: January 20, 2009
JoAnn M. Wahl, Clerk