THE PEOPLE V SERGIO BLACK
Motion No: KA 08-01732
Slip Opinion No: 2012 NY Slip Op 81669(U)
Decided on August 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.


August 15, 2012

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, AND SCONIERS, JJ.

KA 08-01732
Indictment No: 01729-2004

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

SERGIO BLACK, DEFENDANT-APPELLANT.


Defendant having moved for an extension of time to perfect the appeal taken from an order of Erie County Court, dated June 5, 2008,

Now, upon reading and filing the affirmation of Brian M. Dratch, Esq. dated July 18, 2012, the notice of motion with proof of service thereof, the affidavit of Donna A. Milling, Esq. sworn to July 26, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Memorandum: There is no appeal pending from the order of Erie County Court dated June 5, 2008, and defendant is not entitled to CPL 460.30 relief.

Entered: August 15, 2012

Frances E. Cafarell, Clerk