| THE PEOPLE V LUIS CLEMENTE-ESCALERA |
| Motion No: KA 15-00491 |
| Slip Opinion No: 2015 NY Slip Op 70888(U) |
| Decided on April 20, 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 15-00491
Indictment No: 2009-0878-2
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V LUIS
CLEMENTE-ESCALERA, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Onondaga County Court, rendered May 16, 2011,
Now, upon reading and filing the affidavit of Luis Clemente sworn to March 3, 2015, the notice of motion with proof of service thereof, the statement of James P. Maxwell, Esq. dated March 31, 2015, and the statement of Christopher S. Gaiser, Esq. dated April 3, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely.
Entered: April 20, 2015
Frances E. Cafarell, Clerk