| THE PEOPLE V DARAIN CRUZ |
| Motion No: KA 08-02537 |
| Slip Opinion No: 2009 NY Slip Op 84092(U) |
| Decided on September 10, 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., MARTOCHE, SMITH, CARNI, AND GREEN, JJ.
KA 08-02537
Indictment No: 2008-221
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DARAIN
CRUZ, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to file and serve a pro se supplemental brief on the appeal taken from a judgment of the Niagara County Court, rendered November 6, 2008,
Now upon reading and filing the affidavit of Darain Cruz sworn to August 11, 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 to the extent that appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before September 25, 2009,
It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before October 15, 2009.
Entered: September 10, 2009
Patricia L. Morgan, Clerk