| THE PEOPLE V ERROL WEATHERS |
| Motion No: KA 12-00949 |
| Slip Opinion No: 2012 NY Slip Op 76086(U) |
| Decided on June 12, 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 12-00949
Indictment No: 1999-00260-S01
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ERROL
WEATHERS, 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 21, 2011,
Now, upon reading and filing the affidavit of Errol Weathers sworn to May 4, 2012, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated May 3, 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 filed at the Erie County Clerk's Office on January 31, 2012 and served upon the Erie County District Attorney's Office on November 16, 2011 is hereby deemed timely filed and served.
Entered: June 12, 2012
Frances E. Cafarell, Clerk