| THE PEOPLE V BRIAN BROWN |
| Motion No: KA 11-01064 |
| Slip Opinion No: 2013 NY Slip Op 60920(U) |
| Decided on January 9, 2013 |
| 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 11-01064
Indictment No: 10-329
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V BRIAN BROWN, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Oneida County Court, rendered March 24, 2011, and for other relief,
Now, upon reading and filing the affirmation of Jeremy D. Alexander, Esq. dated December 11, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that appellant perfect the appeal on or before April 9, 2013, and in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion is otherwise denied.
Memorandum: Upon the perfection of the appeal, defendant may serve a five day written demand for the exhibits or a subpoena duces tecum for the exhibits issued in accordance with the CPLR article 23, with proof of service thereof (see 22 NYCRR 1000.4[g][3]).
Entered: January 9, 2013
Frances E. Cafarell, Clerk