THE PEOPLE V JUAN CASTRO
Motion No: KA 12-01867
Slip Opinion No: 2012 NY Slip Op 90287(U)
Decided on November 13, 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.


November 13, 2012

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

KA 12-01867
Indictment No: 2011-0126

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JUAN CASTRO, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Supreme Court, Erie County rendered September 14, 2011,

Now, upon reading and filing the affidavit of Juan Castro sworn to September 19, 2012, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated October 29, 2012, the statement of Nelson S. Torre, Esq. dated October 31, 2012, and the statement of Juan Castro dated November 5, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and Juan Castro is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before December 13, 2012.

Entered: November 13, 2012

Frances E. Cafarell, Clerk