| THE PEOPLE V MELVIN VASQUEZ |
| Motion No: KA 12-01170 AND KA 12-00290 |
| Slip Opinion No: 2012 NY Slip Op 80516(U) |
| Decided on August 1, 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 12-01170 AND KA 12-00290
Indictment No: 2010-0161D
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MELVIN
VASQUEZ, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a resentence of the Monroe County Court, rendered February 22, 2012 (KA 12-01170), and for other relief,
Now, upon reading and filing the affidavit of Melvin Vasquez sworn to June 12, 2012, the notice of motion with proof of service thereof, the statement of Geoffrey Kaeuper, Esq. dated July 19, 2012 and the affirmation of Jason M. Housel, Esq. dated July 16, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks CPL 460.30 relief is granted to the extent that the notice of appeal filed at the Monroe County Clerk's Office on March 29, 2012 and served upon the Monroe County District Attorney on March 20, 2012 is hereby deemed timely filed and served, and
It is further ORDERED that the motion insofar as it seeks CPL 460.10(6) relief (KA 12-00290 is dismissed as unnecessary.
Memorandum: Jason M. Housel, Esq. timely filed and served a notice of appeal on September 16, 2011 as to the judgment of Monroe County Court rendered August 17, 2011.
Entered: August 1, 2012
Frances E. Cafarell, Clerk