THE PEOPLE V FRANCISCO DEJESUS
Motion No: KA 12-01420
Slip Opinion No: 2012 NY Slip Op 86990(U)
Decided on October 9, 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.


October 9, 2012

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

KA 12-01420
Indictment No: 98-0396-001

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

FRANCISCO DEJESUS, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of Supreme Court, Erie County dated May 10, 2006, insofar as it denied appellant's request for resentencing pursuant to the 2005 Drug Law Reform Act,

Now, upon reading and filing the affidavit of Herbert L. Greenman, Esq. sworn to September 25, 2012, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated September 26, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered August 15, 2012 is hereby amended by striking therefrom the date October 15, 2012 and inserting in place thereof the date November 15, 2012.

Entered: October 9, 2012

Frances E. Cafarell, Clerk