THE PEOPLE V TANIECE E. BARNES
Motion No: KA 11-02478
Slip Opinion No: 2011 NY Slip Op 93934(U)
Decided on December 29, 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.


December 29, 2011

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

KA 11-02478
Indictment No: 11-01-056

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

TANIECE E. BARNES, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Ontario County Court, rendered November 2, 2011,

Now, upon reading and filing the affidavit of Taniece Barnes sworn to December 8, 2011, the notice of motion with proof of service thereof, the statement of R. Michael Tantillo, Esq. dated December 19, 2011, the statement of Robert Tucker, Esq. dated December 20, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as unnecessary.

Memorandum: Robert Tucker, Esq. timely filed and served a notice of appeal on November 2, 2011.

Entered: December 29, 2011

Frances E. Cafarell, Clerk