| THE PEOPLE V DANIEL JONES |
| Motion No: KA 10-00076 |
| Slip Opinion No: 2011 NY Slip Op 91879(U) |
| Decided on December 6, 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 10-00076
Indictment No: 91-0483-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DANIEL
JONES, DEFENDANT-APPELLANT. |
Appellant having moved for reassignment of counsel on the appeal taken from that part of an order of the Supreme Court, Erie County entered October 26, 2009, which denied his request for forensic DNA testing of evidence, pursuant to CPL 440.30 (1-a) and for other relief,
Now, upon reading and filing the affidavit of Daniel Jones sworn to November 1, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Defendant's motion papers do not contain sufficient facts to establish that he timely served a notice of appeal for the order of Supreme Court, Erie County dated April 25, 2010.
Entered: December 6, 2011
Patricia L. Morgan, Clerk