| THE PEOPLE V DONOVAN HUMPHREY |
| Motion No: KA 09-01395 |
| Slip Opinion No: 2009 NY Slip Op 79385(U) |
| Decided on July 27, 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 09-01395
Indictment No: 2008-0083
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DONOVAN
HUMPHREY, 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, Monroe County, rendered August 27, 2008,
Now, upon reading and filing the statement of Donovan Humphrey, dated July 1, 2009, the notice of motion with proof of service thereof, the answering letter of Nicole M. Fantigrossi, dated July 20, 2009, the affidavit of Barbara E. Farrell, sworn to July 10, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is dismissed as unnecessary.
Memorandum: Barbara E. Farrell, Esq. timely filed and served a notice of appeal on August 28, 2008.
Entered: July 27, 2009
Patricia L. Morgan, Clerk