THE PEOPLE v MARKUS BARBER
Motion No: KA 10-01192
Slip Opinion No: 2010 NY Slip Op 75094(U)
Decided on June 18, 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.


June 18, 2010

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

KA 10-01192
Indictment No: 2008-0988

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

MARKUS BARBER, 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 October 26, 2009,

Now, upon reading and filing the affidavits of Markus Barber sworn to May 10, 2010 and May 24, 2010, the notice of motion with proof of service thereof, the statement of Nicole M. Fantigrossi,, Esq., dated June 8, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted to the extent that the notice of appeal filed in the Monroe County Clerk's Office on November 24, 2009 and served on the District Attorney's Office on December 1, 2009 is deemed timely filed and served.

Entered: June 18, 2010

Patricia L. Morgan, Clerk