THE PEOPLE V ATOO V. COOPER
Motion No: KA 09-01002
Slip Opinion No: 2009 NY Slip Op 76955(U)
Decided on June 15, 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 15, 2009

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

KA 09-01002
SCI No: 08-408-08

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ATOO V. COOPER, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Jefferson County Court, rendered October 31, 2008,

Now, upon reading and filing the affidavit of Atoo Cooper, sworn to May 14, 2009, the notice of motion with proof of service thereof, the answering affidavit of Cindy F. Intschert sworn to June 2, 2009, and the letter of Sheila Crowley dated May 21, 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 in the office of the Clerk of the County of Jefferson on December 4, 2008 and served on the District Attorney's Office on December 5, 2008 is hereby deemed to be timely filed and served.

Entered: June 15, 2009

Patricia L. Morgan, Clerk