| THE PEOPLE V SCOTT W. DAVIS |
| Motion No: KA 15-00992 |
| Slip Opinion No: 2015 NY Slip Op 79774(U) |
| Decided on July 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 15-00992
Indictment No: 14-054
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V SCOTT W. DAVIS,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Herkimer County Court rendered December 3, 2014,
Now, upon reading and filing the affidavit of Scott W. Davis sworn to May 17, 2015, the notice of motion with proof of service thereof, the statement of Jeffrey S. Carpenter, Esq. dated July 1, 2015, the affirmation of Carl V. Graziadei, Esq. dated July 2, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that Scott W. Davis is hereby directed to serve the pro se notice of appeal dated February 8, 2015 in accordance with CPL 460.10 on or before August 19, 2015, and
It is further ORDERED that the notice of appeal is deemed timely on the condition that defendant serves the pro se notice of appeal upon the District Attorney on or before August 19, 2015.
Entered: July 20, 2015
Frances E. Cafarell, Clerk