| THE PEOPLE V DERRICK L. PERSON |
| Motion No: KA 15-00263 |
| Slip Opinion No: 2015 NY Slip Op 68834(U) |
| Decided on March 26, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
KA 15-00263
Indictment No: 2013-00395
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DERRICK L.
PERSON, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.10(6) to extend the time to serve a notice of appeal from a judgment of Supreme Court, Erie County rendered August 4, 2014,
Now, upon reading and filing the affidavit of E. Carey Cantwell, Esq. sworn to March 9, 2015, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated March 11, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the notice of appeal served upon the Erie County District Attorney on February 9, 2015 is hereby deemed timely served.
Entered: March 26, 2015
Frances E. Cafarell, Clerk