| THE PEOPLE V ERICK TABIA |
| Motion No: KA 13-00753 |
| Slip Opinion No: 2013 NY Slip Op 74582(U) |
| Decided on May 21, 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 13-00753
Indictment No: 2010-0170-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V ERICK TABIA, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Onondaga County Court, rendered June 16, 2011,
Now, upon reading and filing the affidavit of Eric Tabia sworn to April 11, 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 dismissed as untimely.
Entered: May 21, 2013
Frances E. Cafarell, Clerk