| THE PEOPLE V PATRICK J. ELLIOTT |
| Motion No: KA 15-00902 |
| Slip Opinion No: 2015 NY Slip Op 77292(U) |
| Decided on June 23, 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 15-00902
Indictment No: 2013-031
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V PATRICK J.
ELLIOTT, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend time to take an appeal from a judgment of the Lewis County Court, rendered November 8, 2013,
Now, upon reading and filing the affidavit of Gary W. Miles, Esq. sworn to April 24, 2015, the notice of motion with proof of service thereof, the statement of John A. Cirando, Esq. dated June 1, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely, and
It is further ORDERED that defendant is afforded coram nobis relief, and the pro se notice of appeal filed at the Lewis County Clerks's Office on March 25, 2015 and served upon the Lewis County District Attorney's Office on March 17, 2015 is hereby deemed timely filed and served (see People v Syville, 15 NY3d 391), and
It is further ORDERED that the pro se notice filed on March 25, 2015, which inaccurately lists the judgment rendered date as September 17, 2013, shall be treated as valid as to the judgment rendered November 8, 2013 pursuant to CPL 460.10(6).
Memorandum: Pursuant to County Law § 525 (1), the County Clerk is the clerk of the court for both Supreme and County courts.
Entered: June 23, 2015
Frances E. Cafarell, Clerk