THE PEOPLE V MARCUS SCOTT
Motion No: KA 08-02600
Slip Opinion No: 2009 NYSlipOp 62250(U)
Decided on January 27, 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 27, 2009

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

KA 08-02600
Indictment No: 00-00683-001

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MARCUS SCOTT, DEFENDANT-APPELLANT.


Defendant having moved for an extension of the time to file and serve a reply to respondent's opposition to his CPL 460.15 application seeking permission to appeal the order of Erie County Court, entered November 18, 2008,

Now, upon reading and filing the affirmation of Louis Rosado, dated January 12, 2009, the notice of motion with proof of service thereof, the affidavit of Thomasina A. Mitchell, sworn to January 8, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted, and the time to file and serve a response to said motion is extended to February 11, 2009.

Entered: January 27, 2009

JoAnn M. Wahl, Clerk