| THE PEOPLE V ERIC HARRIS |
| Motion No: KA 12-00753, KA 03-00716 AND KA 06-02577 |
| Slip Opinion No: 2012 NY Slip Op 87771(U) |
| Decided on October 18, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
KA 12-00753, KA 03-00716 AND KA 06-02577
Indictment No: 02-042
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V ERIC HARRIS, DEFENDANT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken from a resentence of the Seneca County Court, rendered March 7, 2011, and for other relief,
Now, upon reading and filing the affirmation of David J. Pajak, Esq. dated September 17, 2012, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Pursuant to CPL 460.10(1)(a), a party seeking to appeal from a resentence must, within thirty days after the imposition of the sentence, file with the clerk of the criminal court in which such sentence was imposed a written notice of appeal. The notice of appeal for the resentence from Seneca County Court (Bender, J.), rendered March 7, 2011 was filed in the Seneca County Clerk's Office on May 13, 2011, and it was served upon the Seneca County District Attorney on May 5, 2011. Because the notice of appeal is untimely, it is deemed null and void.
Entered: October 18, 2012
Frances E. Cafarell, Clerk