| THE PEOPLE V DELECIA M. SMITH SCI No: 34627 |
| Motion No: KA 13-00016 |
| Slip Opinion No: 2013 NY Slip Op 64556(U) |
| Decided on February 13, 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 13-00016
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DELECIA M. SMITH, DEFENDANT-APPELLANT. SCI No: 34627 |
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 April 15, 2011,
Now, upon reading and filing the affidavit of Delecia Smith sworn to November 29, 2012, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated January 22, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely.
Entered: February 13, 2013
Frances E. Cafarell, Clerk