| People of State of New York v Joseph Papapietro |
| Motion No: 2010-03307 ricr |
| Slip Opinion No: 2011 NY Slip Op 68122(U) |
| Decided on March 21, 2011 |
| Appellate Term, Second 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Plaintiff, v Joseph Papapietro, Defendant. |
Motion by defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, dated May 25, 2010.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to defendant moving in the Criminal Court pursuant to CPL 440.10 to vacate the judgment.
It is noted that the issues sought to be raised are outside the scope of the record and must first be presented to the Criminal Court by way of a CPL 440.10 motion.
ENTER:
Paul Kenny
Chief Clerk