| THE PEOPLE V NICHOLAS A. WEST |
| Motion No: KA 10-01017 |
| Slip Opinion No: 2010 NY Slip Op 73881(U) |
| Decided on June 7, 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 10-01017
Indictment No: 09-245
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V NICHOLAS A.
WEST, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Supreme Court, Monroe County, rendered January 7, 2010,
Now, upon reading and filing the affidavit of Nicholas West sworn to May 4, 2010,, the notice of motion with proof of service thereof, the statement of Nicole M. Fantigrossi, Esq., dated May 20, 2010 and the statement of Clark J. Zimmerman, Jr., Esq., dated May 17, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be dismissed as unnecessary.
Memorandum: Clark J. Zimmerman, Jr., Esq. timely filed and served a notice of appeal on January 21, 2010.
Entered: June 7, 2010
Patricia L. Morgan, Clerk