| THE PEOPLE V ROBERT D. SECRIST |
| Motion No: KA 09-00532 |
| Slip Opinion No: 2009 NYSlipOp 68319(U) |
| Decided on March 25, 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 09-00532
Indictment No: 07-131
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ROBERT D.
SECRIST, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Cattaraugus County Court, rendered March 3, 2008,
Now, upon reading and filing the affidavit of Mark S. Williams, sworn to March 10, 2009, the notice of motion with proof of service thereof, the answering affidavit of Edward M. Sharkey, sworn to March 19, 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 Cattaraugus County on February 2, 2009 and served upon the District Attorney's Office on January 30, 2009 is deemed timely filed and served.
Entered: March 25, 2009
JoAnn M. Wahl, Clerk