People v Barrientos, Jose R.
Motion No: 2009-02441
Slip Opinion No: 2009 NY Slip Op 70763(U)
Decided on April 28, 2009
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M85856

B/cb

HOWARD MILLER, J.P.

RANDALL T. ENG

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2009-02441

The People, etc., respondent,

v Jose R. Barrientos, appellant.

(Ind. No. 189/07)

DECISION & ORDER ON MOTION

Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered October 3, 2008.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and the defendant's moving papers are deemed to constitute a timely notice of appeal.

MILLER, J.P., ENG, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court