| THE PEOPLE V ANTHONY ATTEA SCI No: 30454 |
| Motion No: KA 09-00436 |
| Slip Opinion No: 2009 NYSlipOp 66344(U) |
| Decided on March 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 09-00436
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ANTHONY
ATTEA, DEFENDANT-APPELLANT. SCI No: 30454 |
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 October 8, 2008, and for other relief,
Now, upon reading and filing the affidavit of Jessamine I. Jackson, sworn to February 26, 2009, the notice of motion with proof of service thereof, 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 Jessamine I. Jackson is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before April 8, 2009, and
It is further ORDERED that the motion is otherwise denied with leave to renew upon an affidavit from defendant demonstrating that he is indigent and proof of service on the county attorney in the county from which the appeal arises (see 22 NYCRR 1000.14[a][1], [3]).
Entered: March 9, 2009
JoAnn M. Wahl, Clerk