| THE PEOPLE V DERRELL MOORE, ALSO KNOWN AS DERRELL AUSTIN |
| Motion No: KA 12-02395 |
| Slip Opinion No: 2013 NY Slip Op 61805(U) |
| Decided on January 16, 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 12-02395
Indictment No: 2009-0888
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DERRELL MOORE, ALSO KNOWN AS DERRELL AUSTIN, DEFENDANT-APPELLANT. |
Defendant having moved for a writ of error coram nobis seeking leave to file a late notice of appeal from a judgment of Supreme Court, Erie County rendered December 3, 2009,
Now, upon reading and filing the affidavit of Derrel Moore also known as Derrel Austin sworn to November 13, 2012, the notice of motion with proof of service thereof, the affidavit of Nicholas T. Texido, Esq. sworn to January 9, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and Derrel Moore also known as Derrel Austin is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before February 15, 2013 (see People v Syville, 15 NY3d 391 [2010]).
Entered: January 16, 2013
Frances E. Cafarell, Clerk