| THE PEOPLE V CARL EVANS |
| Motion No: KA 15-01140 |
| Slip Opinion No: 2015 NY Slip Op 81545(U) |
| Decided on August 12, 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 15-01140
Indictment No: 2013-0395
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CARL EVANS,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Supreme Court, Erie County, rendered August 4, 2014, and for other relief,
Now, upon reading and filing the affidavit of Andrew C. LoTempio, Esq. sworn to July 13, 2015, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated July 20, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that Andrew C. LoTempio, Esq. is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before September 11, 2015, and
It is further ORDERED that the motion is otherwise denied.
Entered: August 12, 2015
Frances E. Cafarell, Clerk