THE PEOPLE V DAMION SMITH PEOPLE V DAMION SMITH (APPEAL NO. 2.)
Motion No: KA 03-00349
Slip Opinion No: 2011 NY Slip Op 68517(U)
Decided on March 29, 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 29, 2011

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

KA 03-00349
Indictment No: 99-2384-001
KA 03-00350
Indictment No: 99-1024-001

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DAMION SMITH, DEFENDANT-APPELLANT.

(APPEAL NO. 1.)

PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT,

V

DAMION SMITH, DEFENDANT-APPELLANT.

(APPEAL NO. 2.)


Respondent having moved for an extension of time to file response papers with respect to defendant's motion for a writ of error coram nobis,

Now, upon reading and filing the affidavit of Matthew B. Powers, Esq. sworn to March 8, 2011, the notice of motion with proof of service thereof, the affidavit of Damion Smith sworn to March 17, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the time to file and serve a response to said motion is extended to April 28, 2011, and

It is further ORDERED that the appellant shall file a reply, if any, on or before May 13, 2011.

Entered: March 29, 2011

PATRICIA L. MORGAN, Clerk