| THE PEOPLE V MICHAEL HELD SCI No: 35922 |
| Motion No: KA 12-00706 |
| Slip Opinion No: 2013 NY Slip Op 65866(U) |
| Decided on February 21, 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 12-00706
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V MICHAEL HELD, DEFENDANT-APPELLANT. SCI No: 35922 |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Erie County Court, rendered February 2, 2012,
Now, upon reading and filing the affidavit of Michael D. Held sworn to January 22, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks CPL 460.30 relief is dismissed as unnecessary, and
It is further ORDERED that the motion insofar as it seeks to vacate the dismissal of said appeal is denied without prejudice.
Memorandum: A motion to vacate the dismissal of an appeal must
include an affidavit setting forth sufficient facts to demonstrate a
meritorious appeal, as well as a reasonable excuse for the delay
and an intent to perfect the appeal within a reasonable time
(22 NYCRR 1000.13[g]).
Entered: February 21, 2013
Frances E. Cafarell, Clerk