| THE PEOPLE V LEON R. BIENKOWSKI |
| Motion No: KA 12-01938 |
| Slip Opinion No: 2012 NY Slip Op 89681(U) |
| Decided on November 5, 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 12-01938
Indictment No: 11-017
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V LEON R. BIENKOWSKI, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Herkimer County Court, rendered July 11, 2011,
Now, upon reading and filing the affidavit of Leon R. Bienkowski sworn to October 9, 2012, the notice of motion with proof of service thereof, the statement of Robert R. Calli, Jr., Esq. dated October 25, 2012, the affirmation of Timothy A. Roulan, Esq. dated October 28, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely.
Entered: November 5, 2012
Frances E. Cafarell, Clerk