| THE PEOPLE V KENNETH E. FOLLETTE |
| Motion No: KA 10-00491 |
| Slip Opinion No: 2010 NY Slip Op 69078(U) |
| Decided on March 16, 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KA 10-00491
SCI No: 08-DI-137
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KENNETH E.
FOLLETTE, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Ontario County Court, rendered on September 3, 2008,
Now, upon reading and filing the affidavit of Kenneth E. Follette sworn to February 18, 2010, the notice of motion with proof of service thereof, the answering letter of Scott P. Falvey, dated March 9, 2010 and the letter of R. Michael Tantillo, dated March 11, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is dismissed as untimely (see CPL 460.30[1]).
Entered: March 16, 2010
Patricia L. Morgan, Clerk