| THE PEOPLE V DANIEL JONES |
| Motion No: KA 10-00076 |
| Slip Opinion No: 2013 NY Slip Op 73872(U) |
| Decided on May 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 10-00076
Indictment No: 91-0483-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DANIEL JONES, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from that part of an order of Supreme Court, Erie County entered October 26, 2009, which denied his request for forensic DNA testing of evidence pursuant to CPL 440.30 (1-a),
Now, upon reading and filing the affirmation of Kevin J. Bauer, Esq. dated April 9, 2013, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated April 12, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that appellant perfect the appeal on or before July 15, 2013, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: May 15, 2013
Frances E. Cafarell, Clerk