THE PEOPLE V MALCOLM BROWN
Motion No: KA 09-02107
Slip Opinion No: 2009 NY Slip Op 88313(U)
Decided on November 4, 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.


November 4, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KA 09-02107
Indictment No: 2008-1000

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MALCOLM BROWN, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Monroe County Court, rendered July 16, 2009,

Now, upon reading and filing the affirmation of Drew R. DuBrin dated October 16, 2009, the notice of motion with proof of service thereof, the answering letter of Nicole M. Fantigrossi dated October 22, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted, and Timothy P. Donaher is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before December 2, 2009.

Entered: November 4, 2009

Patricia L. Morgan, Clerk