THE PEOPLE V JOSH HICKS SCI No: 37218
Motion No: KA 13-00531
Slip Opinion No: 2013 NY Slip Op 70071(U)
Decided on April 9, 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.


April 9, 2013

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

KA 13-00531
Indictment No: 2012-01896 and

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOSH HICKS, DEFENDANT-APPELLANT.

SCI No: 37218


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 January 9, 2013,

Now, upon reading and filing the affidavit of Frank Passafiume, Esq. sworn to March 18, 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 served upon the Erie County District Attorney on March 18, 2013 and filed at the Erie County Clerk's Office on March 18, 2013 is hereby deemed timely filed and served.

Entered: April 9, 2013

Frances E. Cafarell, Clerk