THE PEOPLE V RICKIE R. SCOTT AKA STEPHAN SUMPSSTER
Motion No: KA 11-00378
Slip Opinion No: 2011 NY Slip Op 67081(U)
Decided on March 14, 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.


March 14, 2011

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

KA 11-00378
Indictment No: 2007-1846

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

RICKIE R. SCOTT AKA STEPHAN SUMPSSTER, 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, Erie County rendered November 23, 2009,

Now, upon reading and filing the statement of Rickie R. Scott dated February 3, 2011, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated March 3, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as unnecessary.

Memorandum: David J. DuBois, Esq. timely filed and served a notice of appeal.

Entered: March 14, 2011

Patricia L. Morgan, Clerk