THE PEOPLE V CARL NICHOLS
Motion No: KA 09-00768
Slip Opinion No: 2009 NY Slip Op 75399(U)
Decided on May 6, 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.


May 6, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KA 09-00768
Indictment No: 2007-120B

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CARL NICHOLS, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Livingston County Court, rendered June 3, 2008,

Now, upon reading and filing the affidavit of Carl Nichols sworn to April 8, 2009, the notice of motion with proof of service thereof, the answering letter of Eric R. Schiener dated April 22, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted, and Jeffrey T. Mallaber is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before June 5, 2009.

Entered: May 6, 2009

Patricia L. Morgan, Clerk