| THE PEOPLE V DERRICK L. HALL |
| Motion No: KA 14-01407 |
| Slip Opinion No: 2014 NY Slip Op 83062(U) |
| Decided on September 4, 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 14-01407
Indictment No: 2012-025
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DERRICK L. HALL, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Niagara County Court, rendered March 27, 2013,
Now, upon reading and filing the affidavit of Samuel P. Davis, Esq. sworn to July 30, 2014, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks CPL 460.30 relief is dismissed as untimely, and
It is further ORDERED that defendant is afforded coram nobis relief, and Samuel P. Davis, Esq. is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before October 3, 2014 (see People v Syville, 15 NY3d 391).
Entered: September 4, 2014
Frances E. Cafarell, Clerk