THE PEOPLE V MICHAEL CALDWELL
Motion No: KA 10-02198
Slip Opinion No: 2011 NY Slip Op 62440(U)
Decided on January 25, 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.


January 25, 2011

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 10-02198
SCI No: 08-141

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MICHAEL CALDWELL, 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 Herkimer County Court, rendered March 30, 2009,

Now, upon reading and filing the affidavit of Michael Caldwell sworn to December 16, 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 on the condition that defendant serves the notice of appeal on or before February 24, 2011.

Entered: January 25, 2011

Patricia L. Morgan, Clerk