| THE PEOPLE V DAMARIO LANE |
| Motion No: KA 09-00102 |
| Slip Opinion No: 2009 NYSlipOp 62266(U) |
| Decided on January 28, 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 09-00102
Indictment No: 2008-0318
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAMARIO
LANE, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Erie County Court, rendered November 6, 2008,
Now, upon reading and filing the affidavit of Damario Lane, sworn to January 9, 2009, the notice of motion with proof of service thereof, the letter of Andrew C. LoTempio,
dated January 20, 2009, the letter of J. Michael Marion, dated January 21, 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 in the Office of the Clerk of Erie County on December 10, 2008 and served on the District Attorney's Office on December 4, 2008 is hereby deemed timely filed and served.
Entered: January 28, 2009
JoAnn M. Wahl, Clerk