| THE PEOPLE V DWAYNE L. STEWART |
| Motion No: KA 09-02223 |
| Slip Opinion No: 2009 NY Slip Op 89078(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. |
PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KA 09-02223
Indictment No: 2007-1390D
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DWAYNE L.
STEWART, 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 March 5, 2008,
Now, upon reading and filing the statement of Dwayne Stewart, dated September 26, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Donna A. Milling, sworn to November 12, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is dismissed as untimely (see CPL 460.30[1]).
Entered: November 17, 2009
Patricia L. Morgan, Clerk