| THE PEOPLE V ROBERT MILLS |
| Motion No: KA 11-01717 |
| Slip Opinion No: 2011 NY Slip Op 83572(U) |
| Decided on September 13, 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 11-01717
Indictment No: 2010-1282
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ROBERT
MILLS, 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 October 5, 2010,
Now, upon reading and filing the affidavit of Robert Mills sworn to August 18, 2011, the notice of motion with proof of service thereof, the statement of Andrew C. LoTempio, Esq. dated August 30, 2011, and the statement of Donna A. Milling, Esq. dated September 2, 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 and served on November 17, 2010 is hereby deemed timely filed and served.
Memorandum: The submitted waiver of appeal form does not contain the information required by 22 NYCRR 1022.11(a), and it was signed prior to defendant's sentencing. As a consequence, defendant's motion for an extension of time to file and serve a notice of appeal is granted.
Entered: September 13, 2011
Patricia L. Morgan, Clerk