| THE PEOPLE V ERIC BATHERSON |
| Motion No: KA 10-02326 |
| Slip Opinion No: 2010 NY Slip Op 91712(U) |
| Decided on December 20, 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 10-02326
Indictment No: 2009-2996
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ERIC
BATHERSON, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Erie County Court, rendered July 29, 2010,
Now, upon reading and filing the affidavit of Eric Batherson sworn to October 28, 2010, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated December 3, 2010, and the statement of Andrew C. LoTempio, Esq. dated December 3, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and Eric Batherson is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before January 19, 2011.
Entered: December 20, 2010
Patricia L. Morgan, Clerk