| THE PEOPLE V ORLANDO LUGO-ROSADO |
| Motion No: KA 09-00588 |
| Slip Opinion No: 2009 NYSlipOp 69178(U) |
| Decided on April 8, 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 09-00588
Indictment No: 91-0327-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ORLANDO
LUGO-ROSADO, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Onondaga County Court, rendered August 9, 1991,
Now, upon reading and filing the affidavit of Orlando Lugo-Rosado, sworn to March 11, 2009, the notice of motion with proof of service thereof, the affirmation of James P. Maxwell, dated April 2, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is dismissed as unnecessary.
Memorandum: Defendant took a timely appeal from the judgment entered August 9, 1991 (see CPL 460.10[a]; People v Torres, 179 AD2d 358). The appeal remains pending, there have been no motion by the People to dismiss it.
Entered: April 8, 2009
Patricia L. Morgan, Deputy Clerk