| THE PEOPLE V SERRELL M. GAYTON, ALSO KNOWN AS JOHN DOE |
| Motion No: KA 09-01818 |
| Slip Opinion No: 2010 NY Slip Op 62060(U) |
| Decided on January 25, 2010 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 09-01818
Indictment No: 2007-0398A
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V SERRELL M.
GAYTON, ALSO KNOWN AS JOHN DOE, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of the stay of sentence pending the determination of the appeal taken from the judgment of Supreme Court, Monroe County, rendered September 3, 2009,
Now, upon reading and filing the affirmation of James Eckert dated January 13, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Leslie Swift dated January 14, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted and the stay granted by the Honorable Henry J. Scudder on September 9, 2009 is extended on the condition that appellant perfect the appeal on or before May 25, 2010.
Entered: January 25, 2010
Patricia L. Morgan, Clerk