| THE PEOPLE V PETER J. POMPEO |
| Motion No: KA 13-00499 |
| Slip Opinion No: 2013 NY Slip Op 70761(U) |
| Decided on April 15, 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 13-00499
Indictment No: 10-04-060
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V PETER J. POMPEO, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from the resentence of the Ontario County Court, rendered January 2, 2013,
Now, upon reading and filing the affirmation of Gerald R. Forcier, Esq., dated March 19, 2013, the notice of motion with proof of service thereof, the statement of R. Michael Tantillo, Esq. dated March 25, 2013, 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 Ontario County District Attorney on February 6, 2013 and filed at the Ontario County Clerk's Office on February 6, 2013 is hereby deemed to be timely filed and served.
Entered: April 15, 2013
Frances E. Cafarell, Clerk