| THE PEOPLE V KENNETH J. DEFAZIO, JR. |
| Motion No: KA 09-02468 |
| Slip Opinion No: 2009 NY Slip Op 91529(U) |
| Decided on December 14, 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: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 09-02468
SCI No: 2009-3294
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KENNETH J.
DEFAZIO, JR., DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Monroe County Court, rendered April 28, 2009,
Now, upon reading and filing the affidavit of Kenneth DeFazio, sworn to November 30, 2009, the notice of motion with proof of service thereof, the answering letter of Gary Bitetti, dated December 8, 2009, the letter of Nicole M. Fantigrossi, dated December 8, 2009, the letter of Kenneth DeFazio, dated December 8, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted, and Gary Bitetti is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before January 13, 2010.
Entered: December 14, 2009
Patricia L. Morgan, Clerk