THE PEOPLE V ELVIN RIOS
Motion No: KA 08-02141 AND KA 09-01198
Slip Opinion No: 2009 NY Slip Op 89011(U)
Decided on November 9, 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 9, 2009

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

KA 08-02141 AND KA 09-01198
Indictment No: 2008-001094

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ELVIN RIOS, DEFENDANT-APPELLANT.


Defendant having moved for an extension of time to file and serve a pro se supplemental brief on the appeals taken from the judgments of the Supreme Court, Erie County, rendered October 10, 2008,

Now upon reading and filing the affidavit of Elvin Rios, sworn to October 23, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion 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 December 10, 2009,

It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before December 28, 2009.

Entered: November 9, 2009

Patricia L. Morgan, Clerk