| THE PEOPLE V DEMARIO SMITH |
| Motion No: KA 14-00968 |
| Slip Opinion No: 2014 NY Slip Op 77075(U) |
| Decided on June 26, 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 14-00968
Indictment No: 2012-01001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DEMARIO SMITH, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Erie County Court, rendered November 22, 2013,
Now, upon reading and filing the affidavit of Demario Smith sworn to April 18, 2014, the notice of motion with proof of service thereof, the statement of Anthony J. Lana, Esq. dated June 10, 2014, and the statement of Donna A. Milling, Esq. dated June 10, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal timely filed in the Erie County Clerk's Office on November 25, 2013 and timely served on the Erie County District Attorney on November 25, 2013 shall be treated as valid as to the judgment rendered under indictment number 2012-01001 pursuant to CPL 460.10(6), and
It is further ORDERED that the motion is dismissed as unnecessary.
Entered: June 26, 2014
Frances E. Cafarell, Clerk