THE PEOPLE V JOHN KELLEY
Motion No: KA 10-00306
Slip Opinion No: 2010 NY Slip Op 64236(U)
Decided on February 22, 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.


February 22, 2010

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

KA 10-00306
Indictment No: 08-00013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOHN KELLEY, 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 July 9, 2009,

Now, upon reading and filing the affidavit of John Kelley sworn to February 4, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted, and Francis C. Amendola is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before March 24, 2010.

Entered: February 22, 2010

Patricia L. Morgan, Clerk