THE PEOPLE V JOHN E. HELTA
Motion No: KA 12-01194
Slip Opinion No: 2012 NY Slip Op 79916(U)
Decided on July 25, 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.


July 25, 2012

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

KA 12-01194
Indictment No: 2008-00112

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOHN E. HELTA, 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 August 29, 2011,

Now, upon reading and filing the statement of John Helta filed June 27, 2012, the notice of motion with proof of service thereof, the statement of Paul M. Michalek, Jr., Esq. dated June 29, 2012, the statement of Donna A. Milling, Esq. dated July 19, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as unnecessary.

Memorandum: Paul M. Michalek, Jr., Esq. timely filed and served the notice of appeal on September 22, 2011.

Entered: July 25, 2012

Frances E. Cafarell, Clerk