| THE PEOPLE V JIMMY VELAZQUEZ |
| Motion No: KA 12-00585 |
| Slip Opinion No: 2013 NY Slip Op 70780(U) |
| Decided on April 16, 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 12-00585
Indictment No: 2006-00650
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V JIMMY VELAZQUEZ, DEFENDANT-APPELLANT. |
Defendant having moved to amend the order of this Court granting an extension of time pursuant to CPL 460.30,
Now, upon reading and filing the affidavit of Jimmy Velazquez sworn to March 20, 2013, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated April 5, 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 Erie County District Attorney on December 7, 2012 and filed at the Erie County Clerk's Office on December 10, 2012 is hereby deemed to be timely filed and served, and
It is further ORDERED that said notice of appeal shall be treated as valid as to the order of Supreme Court, Erie County dated January 25, 2012 pursuant to CPL 460.10(6).
Entered: April 16, 2013
Frances E. Cafarell, Clerk