| THE PEOPLE V JAMES TATE |
| Motion No: KA 10-00473 |
| Slip Opinion No: 2010 NY Slip Op 69089(U) |
| Decided on March 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. |
PRESENT: SCUDDER, MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KA 10-00473
Indictment No: 2008-2506D
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES TATE,
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 March 26, 2009,
Now, upon reading and filing the affirmation of Alan Birnholz dated February 23, 2010, the affidavit of James Tate sworn to February 15, 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 Alan Birnholz is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before April 21, 2010.
Entered: March 22, 2010
Patricia L. Morgan, Clerk