THE PEOPLE V DAVID WITHERSPOON
Motion No: KA 06-03421 AND KA 06-3422
Slip Opinion No: 2009 NY Slip Op 76945(U)
Decided on June 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.


June 8, 2009

PRESENT: MARTOCHE, J.P., CENTRA, FAHEY, PERADOTTO, AND GREEN, JJ.

KA 06-03421 AND KA 06-3422
Indictment No: 2004-254
Indictment No: 2005-076

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DAVID WITHERSPOON, DEFENDANT-APPELLANT.


Respondent having moved for an extension of the time to file and serve a brief on the appeals taken from the judgments of Livingston County Court, rendered July 11, 2006,

Now, upon reading and filing the affirmation of Eric R. Schiener, dated May 19, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted, and the time to file and serve a respondent's brief is extended to July 23, 2009, and

It is further ORDERED that the time to file and serve a reply brief be and the same hereby is extended to August 7, 2009.

Entered: June 8, 2009

Patricia L. Morgan, Clerk