| THE PEOPLE V CHARLES E. MAYS |
| Motion No: KA 09-01783 |
| Slip Opinion No: 2009 NY Slip Op 84754(U) |
| Decided on September 29, 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 09-01783
Indictment No: 2008-0980D
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CHARLES E.
MAYS, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Erie County Court, rendered May 22, 2009,
Now, upon reading and filing the affidavit of Charles Mays sworn to August 10, 2009, the notice of motion with proof of service thereof, the answering letter of Donna A. Milling dated September 16, 2009 and the letter of Anthony J. Lana dated September 15, 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 Erie on June 25, 2009 and served on the District Attorney's Office served on June 9, 2009 is hereby deemed to be timely filed and served.
Entered: September 29, 2009
Patricia L. Morgan, Clerk