| THE PEOPLE V SCOTT O'BRIEN |
| Motion No: KA 11-00023 |
| Slip Opinion No: 2011 NY Slip Op 63009(U) |
| Decided on January 31, 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 11-00023
Indictment No: 2008-0605-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V SCOTT
O'BRIEN, 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 November 12, 2008,
Now, upon reading and filing the affidavit of Scott O'Brien sworn to December 22, 2010, the notice of motion with proof of service thereof, the statement of James P. Maxwell, Esq. dated January 5, 2011, and the statement of Gaetano Colozzi, Esq. dated January 6, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely.
Entered: January 31, 2011
Patricia L. Morgan, Clerk