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

KA 11-00902
Indictment No: 2006-1055

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V REGINALD TAYLOR, 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, Erie County rendered February 19, 2010,

Now, upon reading and filing the affidavits of Reginald Taylor sworn to April 26, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks CPL 460.30 relief is dismissed as untimely, and

It is further ORDERED that the notice of appeal filed and served on February 19, 2010 shall also be treated as a valid instrument as to the judgment rendered February 19, 2010 under indictment number 2006-1055 pursuant to CPL 460.10(6), and It is further ORDERED the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c)(1) and ten copies of the appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and

DAVID C. SCHOPP, ESQ.

LEGAL AID BUREAU OF BUFFALO

237 MAIN STREET, SUITE 1602

BUFFALO, NY 14203-2723

is hereby assigned nunc pro tunc as counsel to conduct the appeal, and

It is further ORDERED that the appeal be added to the day calendar for September 9, 2011, and the appeal is consolidated with the appeal taken under Docket number KA 10-00461, and

It is further ORDERED that time to file and serve a respondent's brief is extended to July 1, 2011, and

It is further ORDERED that the time to file and serve a reply brief is extended to July 18, 2011.

Entered: June 1, 2011

Patricia L. Morgan, Clerk