| THE PEOPLE V DAMIEN L. MILLER |
| Motion No: KA 12-00760 |
| Slip Opinion No: 2012 NY Slip Op 89252(U) |
| Decided on October 29, 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 12-00760
Indictment No: 2003-04394
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DAMIEN L. MILLER, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of Supreme Court, Erie County dated February 29, 2012,
Now, upon reading and filing the affidavit of Damien Miller sworn to October 9, 2012, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated October 18, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the notice of appeal filed on June 28, 2012 at the Erie County Clerk's Office and served upon the Erie County District Attorney on June 8, 2012 is hereby deemed timely filed and served.
Entered: October 29, 2012
Frances E. Cafarell, Clerk