THE PEOPLE V HERBERT JOHNSON
Motion No: KA 11-00133
Slip Opinion No: 2011 NY Slip Op 63790(U)
Decided on February 7, 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.


February 7, 2011

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

KA 11-00133
Indictment No: 2009-0821

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

HERBERT JOHNSON, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Supreme Court, Monroe County, rendered December 21, 2009,

Now, upon reading and filing the affirmation of Drew R. DuBrin, Esq. dated January 20, 2011, 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, and Donald Scalia, Esq. is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before March 9, 2011.

Entered: February 7, 2011

Patricia L. Morgan, Clerk