| THE PEOPLE V DAMARIO CORDELIUS, . |
| Motion No: KA 10-01079 |
| Slip Opinion No: 2010 NY Slip Op 75096(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. |
PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KA 10-01079
Indictment No: 2009-1303
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAMARIO
CORDELIUS, DEFENDANT-APPELLANT-RESPONDENT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Erie County Court, rendered April 6, 2010,
Now, upon reading and filing the affidavit of Damario Cordelius, sworn to May 14, 2010, the notice of motion with proof of service thereof, the statement of John R. Nuchereno, Esq. dated May 27, 2010 and the statement of Donna A. Milling, Esq., dated May 27, 201, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: John R. Nuchereno, Esq. timely filed a notice of appeal at the Erie County Clerk's Office and served the District Attorney on April 9, 2010.
Entered: June 18, 2010
Patricia L. Morgan, Clerk