THE PEOPLE V ROBERT JOHNSON
Motion No: KA 14-02026
Slip Opinion No: 2014 NY Slip Op 91640(U)
Decided on December 1, 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.


December 1, 2014

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 14-02026
Indictment No: 2003-0862

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ROBERT JOHNSON, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Supreme Court, Erie County rendered May 14, 2004,

Now, upon reading and filing the affidavit of Robert W. Johnson sworn to September 26, 2014, the notice of motion with proof of service thereof, the affidavit of Donna A. Milling, Esq. sworn to November 26, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as untimely.

Entered: December 1, 2014

Frances E. Cafarell, Clerk