| THE PEOPLE V BRIAN SMITH |
| Motion No: KA 12-02135 |
| Slip Opinion No: 2013 NY Slip Op 93003(U) |
| Decided on December 2, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
KA 12-02135
Indictment No. 2006-0952
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V BRIAN SMITH, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to file a notice of appeal for an order of Monroe County Court, entered October 12, 2012,
Now, upon reading and filing the affidavit of Brian Smith sworn to November 8, 2013, the notice of motion with proof of service thereof, the statement of Matthew Dunham, Esq. dated November 26, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and Brian Smith is hereby directed to file the notice of appeal in accordance with CPL 460.10 on or before December 31, 2013.
Entered: December 2, 2013
Frances E. Cafarell, Clerk