| THE PEOPLE V BRIANNA M. MASSEY |
| Motion No: KA 12-01741 |
| Slip Opinion No: 2013 NY Slip Op 95525(U) |
| Decided on December 31, 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 12-01741
Indictment No: 2011-1584
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V BRIANNA M. MASSEY, DEFENDANT-APPELLANT. |
Defendant having moved to amend the order of this Court entered October 9, 2012 granting an extension of the time to file and serve a late notice of appeal,
Now, upon reading and filing the affidavit of Brianna Massey sworn to November 12, 2013, the notice of motion with proof of service thereof, the statements of Donna A. Milling, Esq. dated December 19, 2013 and December 10, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the pro se notice of appeal dated October 1, 2013, filed at the Erie County Clerk's Office on October 30, 2013 is hereby deemed timely filed and,
It is further ORDERED that Brianna Massey is hereby directed to serve the pro se notice of appeal that was filed on October 30, 2013, in accordance with the CPL 460.10 on or before January 30, 2014.
Entered: December 31, 2013
Frances E. Cafarell, Clerk