| People of State of New York v Lillian Evans |
| Motion No: 2008-01201 ORCR |
| Slip Opinion No: 2009 NY Slip Op 81315(U) |
| Decided on August 18, 2009 |
| Appellate Term, Second 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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- LILLIAN EVANS, Appellant. |
DECISION
Motion by appellant for a continuation of the stay of sentence pending determination of the appeal and to compel the Justice Court to file the record with this court is denied.
On the court's own motion, the appeal is dismissed.
Appellant failed to file an affidavit of errors within 30 days of sentencing and did not timely seek an extension of time to take an appeal (see CPL 460.10 [3] [a]; CPL 460.30).