THE PEOPLE V CARMELO ROMAN, ALSO KNOWN AS POPS
Motion No: KA 08-02668
Slip Opinion No: 2009 NYSlipOp 62208(U)
Decided on January 22, 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.


January 22, 2009

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

KA 08-02668
Indictment No: 2006-0094-2

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CARMELO ROMAN, ALSO KNOWN AS POPS, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Onondaga County Court, rendered December 1, 2006,

Now, upon reading and filing the affidavit of Carmelo Roman, sworn to December 15, 2008, the notice of motion with proof of service thereof, the letter of James P. Maxwell, dated January 7, 2009, the affidavit of August L. Nordone, sworn to January 8, 2009, the affidavit of Beatrice Hasan, sworn to December 20, 2006, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is dismissed as untimely.

Entered: January 22, 2009

JoAnn M. Wahl, Clerk