| THE PEOPLE V DAVID BRAXTON |
| Motion No: KA 12-00051 |
| Slip Opinion No: 2012 NY Slip Op 62977(U) |
| Decided on January 30, 2012 |
| 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 12-00051
Indictment No: 2009-1428
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID
BRAXTON, 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 October 26, 2009,
Now, upon reading and filing the statement of David Braxton filed January 5, 2012, the notice of motion with proof of service thereof, the statment of Donna A. Milling, Esq. dated January 11, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely.
Entered: January 30, 2012
Frances E. Cafarell, Clerk