| THE PEOPLE V MATTHEW DAVIS, III |
| Motion No: KA 13-01176 |
| Slip Opinion No: 2013 NY Slip Op 82854(U) |
| Decided on August 12, 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 13-01176
Indictment No: 2011-409-2
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V MATTHEW DAVIS, III, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.10(6) to extend the time to serve a notice of appeal from a judgment of the Niagara County Court, rendered April 18, 2013,
Now, upon reading and filing the affidavit of Phillip Dabney, Jr., Esq. sworn to July 19, 2013, the notice of motion with proof of service thereof, the statement of Matthew Davis dated August 3, 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 April 18, 2013 which was served upon the Niagara County District Attorney on April 18, 2013 is hereby deemed timely served.
Entered: August 12, 2013
Frances E. Cafarell, Clerk