THE PEOPLE V FRANK GARCIA
Motion No: KA 10-00517
Slip Opinion No: 2012 NY Slip Op 87739(U)
Decided on October 16, 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 16, 2012

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, AND MARTOCHE, JJ.

KA 10-00517
Indictment No: 09-01-023

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

FRANK GARCIA, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to file and serve a pro se supplemental brief on the appeal taken from a judgment of the Ontario County Court, rendered September 1, 2009, and for other relief,

Now upon reading and filing the affidavit of Frank Garcia sworn to September 13, 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 appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before November 15, 2012, and

It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before December 5, 2012, and

It is further ORDERED that the motion is otherwise denied.

Entered: October 16, 2012

Frances E. Cafarell, Clerk