THE PEOPLE V JOHN D. FRATESCHI
Motion No: KA 13-01355
Slip Opinion No: 2013 NY Slip Op 83714(U)
Decided on August 26, 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.


August 26, 2013

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 13-01355
Indictment No: I1-475

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOHN D. FRATESCHI, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Oneida County Court, rendered May 2, 2012,

Now, upon reading and filing the affidavit of John Frateschi sworn to July 2, 2013, the notice of motion with proof of service thereof, the affirmation of Steven G. Cox, Esq. dated August 1, 2013, and the statement of Paul G. Carey, Esq. dated August 19, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as untimely.

Entered: August 26, 2013

Frances E. Cafarell, Clerk