| THE PEOPLE V DWAYNE E. KIRK THE PEOPLE V DWAYNE E. KIRK |
| Motion No: KA 14-00535 |
| Slip Opinion No: 2014 NY Slip Op 70731(U) |
| Decided on April 22, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 14-00535
SCI No: 2007-035
KA 14-00536
SCI No: 2007-035
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DWAYNE E. KIRK, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DWAYNE E. KIRK,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take the appeals from the judgments of the Lewis County Court, rendered May 4, 2007, and February 1, 2013,
Now, upon reading and filing the affidavit of Dwayne E. Kirk sworn to March 18, 2014, the notice of motion with proof of service thereof, the affirmation of Caleb J. Petzoldt, Esq. dated April 17, 2014, and the statement of Gustave J. DeTraglia, Jr., Esq. dated April 17, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely.
Entered: April 22, 2014
Frances E. Cafarell, Clerk