| THE PEOPLE V SALVATORE LETIZIA |
| Motion No: KA 14-00233 |
| Slip Opinion No: 2014 NY Slip Op 76079(U) |
| Decided on June 20, 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 14-00233
Indictment No: 84-0677-001, 87-1174-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V SALVATORE LETIZIA, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from the portion of the order of Supreme Court, Erie County dated November 22, 2013, denying the motion of defendant seeking forensic DNA testing of evidence pursuant to CPL 440.30 (1-a),
Now, upon reading and filing the affidavit of Salvatore Letizia sworn to May 27, 2014, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated June 6, 2014, and the statement of Salvatore Letizia dated June 11, 2014, 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's Office on December 30, 2013 and filed at the Erie County Clerk's Office on January 10, 2014 is hereby deemed timely filed and served.
Entered: June 20, 2014
Frances E. Cafarell, Clerk