| THE PEOPLE V JAMES SMITH |
| Motion No: KA 09-00098 |
| Slip Opinion No: 2009 NYSlipOp 63478(U) |
| Decided on February 9, 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 09-00098
Indictment No: 2007-2021
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES
SMITH, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Supreme Court, Erie County, rendered June 13, 2008,
Now, upon reading and filing the affidavit of James Smith, sworn to January 2, 2009, the notice of motion with proof of service thereof, the letter of J. Michael Marion, dated January 21, 2009, the letter of Joseph A. Agro, 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 Erie County Clerk's Office on October 10, 2008 is deemed timely filed and served.
Entered: February 9, 2009
JoAnn M. Wahl, Clerk