| THE PEOPLE V CODY TESTERMAN |
| Motion No: KA 15-00852 |
| Slip Opinion No: 2015 NY Slip Op 78186(U) |
| Decided on June 29, 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 15-00852
Indictment No: 2012-1404
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CODY
TESTERMAN, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal taken from the judgment of Supreme Court, Erie County, rendered April 17, 2014,
Now, upon reading and filing the affidavit of Cody Testerman, sworn to May 12, 2015, the notice of motion with proof of service thereof, and the statement of Donna A. Milling, Esq. dated June 2, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Andrew LoTempio, Esq. timely filed and served a notice of appeal on May 2, 2014.
Entered: June 29, 2015
Frances E. Cafarell, Clerk