| THE PEOPLE V DARYL RUTTY |
| Motion No: KA 10-01398 |
| Slip Opinion No: 2010 NY Slip Op 88203(U) |
| Decided on November 16, 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 10-01398
Indictment No: 2009-1656
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DARYL
RUTTY, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.10(6) to extend the time to serve a notice of appeal from a judgment of the Supreme Court, Erie County, rendered May 3, 2010,
Now, upon reading and filing the affidavit of Daryl Rutty sworn to October 15, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the notice of appeal served upon the Erie County District Attorney on June 11, 2010 is hereby deemed timely served.
Entered: November 16, 2010
Patricia L. Morgan, Clerk