| THE PEOPLE V QUENTIN A. NOWLIN |
| Motion No: KA 11-01423 |
| Slip Opinion No: 2011 NY Slip Op 91883(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 11-01423
Indictment No: 2008-0859
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V QUENTIN A.
NOWLIN, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Monroe County Court, rendered October 15, 2010,
Now, upon reading and filing the affidavit of Quentin A. Nowlin sworn to November 8, 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 granted to the extent that the notice of appeal filed at the Monroe County Clerk's Office on September 9, 2011 and served upon the Monroe County District Attorney on August 19, 2011 is hereby deemed timely filed and served (see People v Sher, 35 NY2d 310) and,
It is further ORDERED that pursuant to CPL 460.10 (6), said notice of appeal shall be treated as a valid instrument as to the judgment rendered October 15, 2010 under indictment number 2008-0859.
Entered: December 6, 2011
Patricia L. Morgan, Clerk