| THE PEOPLE V DEREK MACK |
| Motion No: KA 12-02216 |
| Slip Opinion No: 2012 NY Slip Op 94688(U) |
| Decided on December 26, 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 12-02216
Indictment No: 2010-0622-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DEREK MACK, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Onondaga County Court, rendered August 25, 2010,
Now, upon reading and filing the affidavit of Derek Mack sworn to November 23, 2012, the notice of motion with proof of service thereof, the statement of James P. Maxwell, Esq. dated December 17, 2012, and the statement of Paul G. Carey, Esq. dated December 19, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely.
Entered: December 26, 2012
Frances E. Cafarell, Clerk