| THE PEOPLE V KEVIN J. LINTON |
| Motion No: KA 09-01822 |
| Slip Opinion No: 2009 NY Slip Op 84759(U) |
| Decided on September 30, 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 09-01822
Indictment No: 2008-0451-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KEVIN J.
LINTON, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Onondaga County Court, rendered July 2, 2008,
Now, upon reading and filing the affidavit of Kevin Linton sworn to August 25, 2009, the notice of motion with proof of service thereof, the answering letter of Diane E. Darwish, Esq. dated September 23, 2009 and the letter of James P. Maxwell dated September 21, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is dismissed as untimely.
Entered: September 30, 2009
Patricia L. Morgan, Clerk