| THE PEOPLE V JOSEPH VEGA SCI No: 30271 |
| Motion No: KA 09-00793 |
| Slip Opinion No: 2009 NY Slip Op 76122(U) |
| Decided on May 11, 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 09-00793
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSEPH
VEGA, DEFENDANT-APPELLANT. SCI No: 30271 |
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 August 28, 2008,
Now, upon reading and filing the affidavit of Joseph Vega sworn April 15, 2009, the notice of motion with proof of service thereof, the answering letter of Donna A. Milling, dated April 7, 2009 and the letter of Joseph- Anthony Muscato dated April 7, 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 and served on October 2, 2008 is hereby deemed timely filed and served.
Entered: May 11, 2009
Patricia L. Morgan, Clerk