| THE PEOPLE V SAMUEL DIPALMA THE PEOPLE V SAMUEL DIPALMA SCI No: 37881 |
| Motion No: KA 14-01065 |
| Slip Opinion No: 2014 NY Slip Op 91098(U) |
| Decided on November 25, 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 CARNI, JJ.
KA 14-01065
Indictment No: 2012-02285
KA 14-01072
Indictment No: 2013-00831 and
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V SAMUEL DIPALMA, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V SAMUEL
DIPALMA, DEFENDANT-APPELLANT. SCI No: 37881 |
Defendant having moved to amend the order of this Court entered July 8, 2014, granting an extension of time pursuant to CPL 460.30 to file and serve a late notice of appeal,
Now, upon reading and filing the affidavit of Samuel DiPalma sworn to October 23, 2014, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated October 31, 2014, and the statement of Elizabeth A. Holmes, Esq. dated October 31, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the pro se notice of appeal dated July 10, 2014, which was served upon the Erie County District Attorney on July 23, 2014 and filed at the Erie County Clerk's Office on August 28, 2014 is hereby deemed timely served and filed.
Entered: November 25, 2014
Frances E. Cafarell, Clerk