| THE PEOPLE V LUIS QUINONES |
| Motion No: KA 12-00590 |
| Slip Opinion No: 2012 NY Slip Op 74114(U) |
| Decided on May 15, 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 12-00590
Indictment No: 2011-0411-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V LUIS
QUINONES, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Onondaga County Court, rendered August 10, 2011,
Now, upon reading and filing the affidavit of Luis Quinones sworn to March 27, 2012, the notice of motion with proof of service thereof, the statement of Paul G. Carey, Esq. dated April 3, 2012 and the statement of James P. Maxwell, Esq. dated April 6, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and Paul Carey, Esq. is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before June 14, 2012.
Memorandum: Because the Notification and Waiver of the Right to Appeal form does not make clear that defendant maintained limited appellate rights despite his waiver of the right to appeal, it cannot be concluded that defendant knowingly and intelligently chose not to appeal. As a consequence, defendant's motion for an extension of time to file and serve a notice of appeal is granted.
Entered: May 15, 2012
Frances E. Cafarell, Clerk