| THE PEOPLE V SALEH ABDULLA |
| Motion No: KA 10-01262 |
| Slip Opinion No: 2010 NY Slip Op 86353(U) |
| Decided on October 26, 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 10-01262
Indictment No. 2007-2688
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V SALEH
ABDULLA, DEFENDANT-APPELLANT. |
Defendant having moved to amend the order of this Court entered June 28, 2010, granting his CPL 460.30 motion,
Now, upon reading and filing the affidavit of Saleh Abdulla, sworn to September 14, 2010, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated September 29, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the notice of appeal filed at the Erie County Clerk's Office on July 29, 2010 and served upon the District Attorney's Office on July 12, 2010 is hereby deemed timely filed and served (see People v Sher, 35 NY2d 310).
Entered: October 26, 2010
PATRICIA L. MORGAN, Clerk