| THE PEOPLE V VICTOR OVERTON |
| Motion No: KA 10-02517 |
| Slip Opinion No: 2011 NY Slip Op 61740(U) |
| Decided on January 18, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 10-02517
Indictment No: 2009-0596-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V VICTOR
OVERTON, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Onondaga County Court, rendered September 30, 2009,
Now, upon reading and filing the affidavit of Victor Overton sworn to December 7, 2010, the notice of motion with proof of service thereof, the affidavit of Eric B. Jeschke, Esq. sworn to January 4, 2011, and the statement of James P. Maxwell, Esq. dated January 5, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied as untimely.
Entered: January 18, 2011
Patricia L. Morgan, Clerk