| THE PEOPLE V CHARLES KURKOWSKI |
| Motion No: KA 12-01568 |
| Slip Opinion No: 2013 NY Slip Op 78674(U) |
| Decided on July 1, 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 12-01568
Indictment No: 08-3178
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V CHARLES KURKOWSKI, DEFENDANT-APPELLANT. |
Appellant having moved for relief pursuant to CPL 460.10(6) relating to an order of the Erie County Court, dated July 13, 2012, and for other relief,
Now, upon reading and filing the affirmation of Michael J. Dowd, Esq. dated June 14, 2013, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated June 18, 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 dated October 25, 2012 shall be treated as valid as to the order of Erie County Court dated July 13, 2012 pursuant to CPL 460.10(6), and
It is further ORDERED that the dismissal of the appeal is vacated on the condition that the appeal is perfected on or about September 30, 2013.
Entered: July 1, 2013
Frances E. Cafarell, Clerk