| THE PEOPLE V DWIGHT FOWLER |
| Motion No: KA 11-00709 |
| Slip Opinion No: 2011 NY Slip Op 71872(U) |
| Decided on April 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 11-00709
Indictment No: 2009-0906B
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DWIGHT
FOWLER, 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, Monroe County rendered March 9, 2010,
Now, upon reading and filing the affidavit of Dwight Fowler sworn to March 29, 2011, the notice of motion with proof of service thereof, the statement of Loretta S. Courtney, Esq. dated April 7, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the notice of appeal filed at the Monroe County Clerk's Office on May 12, 2010 and served upon the Monroe County District Attorney's Office on May 12, 2010 is hereby deemed timely filed and served.
Entered: April 29, 2011
Patricia L. Morgan, Clerk