THE PEOPLE V MICHAEL ALBA
Motion No: KA 09-02239
Slip Opinion No: 2009 NY Slip Op 89076(U)
Decided on November 17, 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 17, 2009

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

KA 09-02239
Indictment No: 2008-02932

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MICHAEL ALBA, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Supreme Court, Erie County, rendered April 24, 2009,

Now, upon reading and filing the incomplete statement of Michael Alba, the notice of motion with proof of service thereof, the letter of Donna A. Milling, dated November 12, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is denied without prejudice to a motion made in compliance with 22 NYCRR 1000.13(a) and (i).

Entered: November 17, 2009

Patricia L. Morgan, Clerk