| People v Melendez, Ana |
| Motion No: 570118/09 |
| Slip Opinion No: 2009 NYSlipOp 63079(U) |
| Decided on February 6, 2009 |
| Appellate Term, First 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. |
February 6, 2009
People v Melendez, Ana
Ordered that the motion for an extension of time for taking appeal is denied. Criminal Procedure Law § 460.30 1. states that a motion for an extension of time " ... must be made with due diligence after the time for the taking of such an appeal has expired, and in any case not more than one year thereafter." C.P.L 460.10 states that a notice of appeal must be filed within 30 days after imposition sentence. On November 11, 2006, you pled guilty to criminal possession of a controlled substance. Your affidavit in support of the motion was sworn to on the 18th day of December 2008. More than two years have elapsed.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570118/09