THE PEOPLE V SHEAWN L. SMITH, ALSO KNOWN AS SHON JONES
Motion No: KA 13-00243
Slip Opinion No: 2013 NY Slip Op 66565(U)
Decided on March 4, 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.


March 4, 2013

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 13-00243
Indictment No: 2012-0108

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

SHEAWN L. SMITH, ALSO KNOWN AS SHON JONES,

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 Supreme Court, Monroe County, rendered August 27, 2012,

Now, upon reading and filing the affidavit of Sheawn Smith sworn to January 28, 2013, 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 dated September 4, 2012 which was served upon the Monroe County District Attorney on January 28, 2013 is hereby deemed timely served.

Entered: March 4, 2013

Frances E. Cafarell, Clerk