THE PEOPLE V MARIO VAZQUEZ
Motion No: KA 11-01426
Slip Opinion No: 2011 NY Slip Op 80605(U)
Decided on August 9, 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.


August 9, 2011

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

KA 11-01426
Indictment No: 2009-01907

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MARIO VAZQUEZ, 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 June 17, 2010,

Now, upon reading and filing the affidavit of Mario Vazquez sworn to July 9, 2011, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated July 21, 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 on July 13, 2011 in the Erie County Clerk's Office and served upon the District Attorney's Office on July 7, 2011 is hereby deemed timely filed and served.

Entered: August 9, 2011

Patricia L. Morgan, Clerk