THE PEOPLE V DERRICK JOHNSON
Motion No: KA 10-00739 and KA 10-738
Slip Opinion No: 2010 NY Slip Op 69852(U)
Decided on April 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.


April 22, 2010

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

KA 10-00739 and KA 10-738
SCI No: 2009-0674B, and 2009-0275

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DERRICK JOHNSON, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from the judgments of the Supreme Court, Monroe County, rendered September 16, 2009,

Now, upon reading and filing the affidavits of Derrick Johnson sworn to March 12, 2010 and March 26, 2010, and the affidavit of Steven Forshey, sworn to March 2, 2010, the notice of motion with proof of service thereof, the statement of Nicole M. Fantigrossi, Esq., dated April 7, 2010, and the affidavit of Barbara E. Farrell, Esq., sworn to April 12, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: April 22, 2010

Patricia L. Morgan, Clerk