THE PEOPLE V TERROL MASSEY
Motion No: KA 09-00914
Slip Opinion No: 2009 NY Slip Op 76159(U)
Decided on June 18, 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.


June 18, 2009

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

KA 09-00914
Indictment No: 2005-1167

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

TERROL MASSEY, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Supreme Court, Erie County rendered April 20, 2007,

Now, upon reading and filing the affidavit of Terrol Massey sworn to March 31, 2009, the affidavit of Nora Massey sworn to April 28, 2009, the affirmation of James Ostrowski dated April 30, 2009, the notice of motion with proof of service thereof, the letter of Donna A. Milling dated May 5, 2009, the affirmation of Daniel P. Grasso dated May 20, 2009 and the affirmation of James Ostrowski dated May 22, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is denied on the law alone (CPL 460.30 [6]).

Entered: June 18, 2009

Patricia L. Morgan, Clerk