| THE PEOPLE V BENANCIO VASQUEZ |
| Motion No: KA 12-02357 |
| Slip Opinion No: 2013 NY Slip Op 61804(U) |
| Decided on January 15, 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 12-02357
Indictment No: 2011-0339
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V BENANCIO VASQUEZ, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.10(6) to extend the time to serve a notice of appeal from a judgment of the Monroe County Court, rendered March 23, 2012,
Now, upon reading and filing the affidavit of Benancio Vasquez sworn to December 7, 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 the notice of appeal served upon the Monroe County District Attorney on September 24, 2012 is hereby deemed timely served.
Entered: January 15, 2013
Frances E. Cafarell, Clerk