| People of State of New York v Richard Drakes |
| Motion No: 2010-01708 kcr |
| Slip Opinion No: 2011 NY Slip Op 68575(U) |
| Decided on March 25, 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
JAIME A. RIOS
MICHAEL L. PESCE
JOSEPH G. GOLIA, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Plaintiff, v Richard Drakes, Defendant. |
Motion by defendant to transfer an appeal from a judgment of conviction of the Supreme Court, Kings County, rendered May 11, 2010, to the Appellate Division, Second Department, on the ground that the appeal was taken to the wrong court. By decision and order on motion dated November 9, 2010, this court granted a motion by defendant, pursuant to CPL 460.30, for an extension of time to take the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that this court's decision and order on motion dated November 9, 2010 is recalled and vacated; and it is further,
ORDERED that defendant's motion, pursuant to CPL 460.30, for an extension of time to take an appeal and his motion to transfer the appeal to the Appellate Division, Second Department, are dismissed, as the judgment of conviction was rendered in the Supreme Court, Kings County (see 22 NYCRR 730.1 [d]).
Defendant's remedy, if he be so advised, is to move in the Appellate Division, Second Department, for an extension of time to take an appeal.
ENTER:
Paul Kenny
Chief Clerk