THE PEOPLE V RODNEY BANKS
Motion No: KA 09-01326
Slip Opinion No: 2009 NY Slip Op 90181(U)
Decided on December 2, 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.


December 2, 2009

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

KA 09-01326
Indictment No: 2007-545

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

RODNEY BANKS, DEFENDANT-APPELLANT.


Appellant having moved for an extension of the stay of execution of the judgment of Niagara County Court, rendered May 19, 2009,

Now, upon reading and filing the affirmation of Loren D. Lobban, dated October 23, 2009, the notice of motion with proof of service thereof, the stipulation of counsel, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted to the extent that the stay granted by order dated June 25, 2009 is extended on the condition that appellant perfect the appeal on or before February 1, 2010.

Entered: December 2, 2009

Patricia L. Morgan, Clerk