| THE PEOPLE V LABRADFORD SMITH |
| Motion No: KA 10-01486 |
| Slip Opinion No: 2010 NY Slip Op 79402(U) |
| Decided on August 11, 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 10-01486
Indictment No: 2009-0228-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V
LABRADFORD SMITH, 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, Onondaga County rendered October 14, 2009,
Now, upon reading and filing the affidavit of Labradford Smith sworn to June 22, 2010, and statement of Labradford Smith filed August 4, 2010, the notice of motion with proof of service thereof, the statement of James P. Maxwell, Esq. dated July 27, 2010 and statement of Frank Scibilia, Esq. dated July 27, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is dismissed as unnecessary.
Memorandum: Frank B. Scibilia, Esq. timely filed and served a notice of appeal on October 19, 2009.
Entered: August 11, 2010
Patricia L. Morgan, Clerk