| THE PEOPLE V FERNANDO RIVERA |
| Motion No: KA 12-00289 |
| Slip Opinion No: 2012 NY Slip Op 76706(U) |
| Decided on June 19, 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 12-00289
Indictment No: 99-1623-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V FERNANDO
RIVERA, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from an order of the Supreme Court, Erie County dated December 22, 2011,
Now, upon reading and filing the affidavit of Fernando Rivera sworn to May 29, 2012, the notice of motion with proof of service thereof, 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 April 27, 2012 and served on the Erie County District Attorney's Office on April 25, 2012 is hereby deemed timely filed and served.
Entered: June 19, 2012
Frances E. Cafarell, Clerk