| People v Ortiz, Heriberto |
| Motion No: 2010-05944 |
| Slip Opinion No: 2010 NY Slip Op 80881(U) |
| Decided on August 26, 2010 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M107565
E/sl
JOSEPH COVELLO, J.P.
HOWARD MILLER
THOMAS A. DICKERSON
LEONARD B. AUSTIN, JJ.
|
2010-05944
The People, etc., respondent, v Heriberto Ortiz, appellant.
(Ind. No. 09-00184)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, rendered March 11, 2010, pursuant to CPL 460.30 on the ground that the notice of appeal was untimely. Separate motion by the appellant pursuant to CPL 460.30 for an extension of time to take the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the respondent's motion to dismiss the appeal is granted, and the appeal is dismissed; and it is further,
ORDERED that the appellant's motion pursuant to CPL 460.30 for an extension of time to take the appeal is denied.
COVELLO, J.P., MILLER, DICKERSON and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court