| THE PEOPLE V KENDALL MCCLAINE |
| Motion No: KA 11-00599 |
| Slip Opinion No: 2011 NY Slip Op 70019(U) |
| Decided on April 12, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 11-00599
Indictment No: 2003-00709
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KENDALL
MCCLAINE, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Erie County Court, rendered July 15, 2004,
Now, upon reading and filing the affidavit of Kendall McClaine sworn to March 4, 2011, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated March 28, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely.
Entered: April 12, 2011
Patricia L. Morgan, Clerk