THE PEOPLE V LARRY GARDNER Indictment No: 09/14
Motion No: KA 09-02384
Slip Opinion No: 2009 NY Slip Op 90755(U)
Decided on December 7, 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 7, 2009

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

KA 09-02384

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

LARRY GARDNER, DEFENDANT-APPELLANT.

Indictment No: 09/14


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Wayne County Court, rendered June 26, 2009,

Now, upon reading and filing the affidavit of Larry Gardner, sworn to November 16, 2009, the notice of motion with proof of service thereof, the answering affidavit of David V. Shaw, sworn to November 19, 2009, the letter of Eric P. Smith, dated December 3, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is denied.

Entered: December 7, 2009

Patricia L. Morgan, Clerk