| THE PEOPLE V AUGUSTUS EAGLE |
| Motion No: KA 10-01012 |
| Slip Opinion No: 2010 NY Slip Op 73195(U) |
| Decided on June 2, 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 10-01012
SCI No: 2009-3214
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V AUGUSTUS
EAGLE, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Monroe County Court, rendered May 15, 2009,
Now, upon reading and filing the affidavit of Augustus Eagle sworn to May 10, 2010, the notice of motion with proof of service thereof, the statement of Nicole Fantigrossi, Esq. dated May 20, 2010 and statement of Eftihia Bourtis, Esq. dated May 20, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is dismissed as unnecessary.
Memorandum: Eftihia Bourtis, Esq. timely filed a notice of appeal in Monroe County Clerk's Office on May 21, 2009 and served the District Attorney's Office on May 26, 2009.
Entered: June 2, 2010
Patricia L. Morgan, Clerk