THE PEOPLE V ROCKIE JONES, JR., ALSO KNOWN AS ROCKY JONES SCI No: 33960 THE PEOPLE V ROCKIE JONES, ALSO KNOWN AS ROCKY
Motion No: KA 11-01075
Slip Opinion No: 2012 NY Slip Op 64412(U)
Decided on February 10, 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.


February 10, 2012

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

KA 11-01075
KA 11-01086
Indictment No: 2008-1447D

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ROCKIE JONES, JR., ALSO KNOWN AS ROCKY JONES,

DEFENDANT-APPELLANT.

SCI No: 33960

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ROCKIE JONES, ALSO KNOWN AS ROCKY JONES,

DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from the judgments of the Erie County Court, rendered October 12, 2010,

Now, upon reading and filing the affidavit of Andrew C. LoTempio, Esq. sworn to January 3, 2012, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated January 11, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the notice of appeal that was served upon the Erie County District Attorney on July 5, 2011 and filed at the Erie County Court's Office on July 8, 2011 is deemed timely filed and served, and

It is further ORDERED that said notice of appeal shall be treated as valid as to the judgment rendered under indictment number 2008-1447D and the judgment rendered under SCI Number 33960.

Entered: February 10, 2012

Frances E. Cafarell, Clerk