| THE PEOPLE V WILLIAM TERRY |
| Motion No: KA 10-00855 |
| Slip Opinion No: 2010 NY Slip Op 75144(U) |
| Decided on June 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 10-00855
Indictment No: 2009-34
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V WILLIAM
TERRY, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Steuben County Court, rendered August 12, 2009, and respondent having cross-moved to dismiss the appeal on the ground that said appeal has not been timely perfected,
Now, upon reading and filing the affidavit of William Terry sworn to April 8, 2010, the notice of motion with proof of service thereof, the affidavit of Patricio Jimenez, Esq. sworn to May 24, 2010, and the statement of Patricio Jimenez, Esq. dated June 3, 2010, the notice of cross motion with proof of service thereof, 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 and served on September 28, 2009 is deemed timely filed and served and,
It is further ORDERED that the cross motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 20, 2010.
Entered: June 22, 2010
Patricia L. Morgan, Clerk