THE PEOPLE V MARK A. WARE
Motion No: KA 10-00732
Slip Opinion No: 2010 NY Slip Op 69150(U)
Decided on April 21, 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.


April 21, 2010

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

KA 10-00732
Indictment No: 08-442

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MARK A. WARE, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Oneida County Court, rendered March 2, 2009,

Now, upon reading and filing the statement of Leslie R. Lewis, Esq., dated April 14, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as unnecessary.

MEMORANDUM: Leslie R. Lewis, Esq., timely filed a notice of appeal in the Office of the Clerk of the County of Oneida on March 17, 2009 and served the District Attorney on March 18, 2009.

Entered: April 21, 2010

Patricia L. Morgan, Clerk