THE PEOPLE V ROGER BEAVER SCI No: 35885
Motion No: KA 14-00327
Slip Opinion No: 2014 NY Slip Op 66862(U)
Decided on March 17, 2014
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.


March 17, 2014

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

KA 14-00327
Indictment No: 2011-02450X and

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ROGER BEAVER, DEFENDANT-APPELLANT.

SCI No: 35885


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Supreme Court, Erie County rendered April 17, 2013,

Now, upon reading and filing the affidavit of Kevin C. Condon, Esq. sworn to January 16, 2013 [sic], the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the notice of appeal served upon the Erie County District Attorney on February 17, 2014 and filed at the Erie County Clerk's Office on May 29, 2013 is hereby deemed timely filed and served.

Entered: March 17, 2014

Frances E. Cafarell, Clerk