| THE PEOPLE V RICKY WINTERS |
| Motion No: KA 14-01834 |
| Slip Opinion No: 2014 NY Slip Op 91692(U) |
| Decided on December 3, 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 14-01834
Indictment No: 06-0327
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V RICKY WINTERS, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Auburn City Court, rendered September 7, 2006,
Now, upon reading and filing the affidavits of Ricky L. Winters sworn to September 28, 2014 and the statement of Ricky L. Winters dated October 24, 2014, the notice of motion with proof of service thereof, the affidavit of Nathan J. Garland, Esq. sworn to October 27, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed.
Memorandum: The Appellate Division is not the intermediate appellate court for an appeal from a judgment of conviction from Auburn City Court (see CPL 450.60 [3]). Accordingly, this Court is not the proper venue for said motion (see CPL 460.30 [1]).
Entered: December 3, 2014
Frances E. Cafarell, Clerk