| THE PEOPLE V JUAN SMITH |
| Motion No: KA 10-00385 |
| Slip Opinion No: 2010 NY Slip Op 78918(U) |
| Decided on August 5, 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 10-00385
Indictment No: 2008-0551
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JUAN SMITH,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Niagara County County, rendered January 26, 2010,
Now, upon reading and filing the affidavit of Juan Smith sworn to July 7, 2010, the notice of 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 in the Niagara County Clerk's Office on March 11, 2010, and served on the District Attorney's Office on March 9, 2010 is deemed timely filed and served.
Entered: August 5, 2010
Patricia L. Morgan, Clerk