| THE PEOPLE V MARCELLUS J. PIERCE |
| Motion No: KA 15-00940 |
| Slip Opinion No: 2015 NY Slip Op 93080(U) |
| Decided on December 7, 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 15-00940
Indictment No: 2014-1049 and SCI No.: 39132
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MARCELLUS J.
PIERCE, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend time to take an appeal from a judgment of the Erie County Court, rendered September 16, 2014,
Now, upon reading and filing the affirmation of Frank M. Bogulski, Esq. dated October 14, 2015, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated November 20, 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 notice of appeal filed at the Erie County Clerk's Office on October 14, 2015 and served upon the Erie County District Attorney's Office on September 30, 2014 is hereby deemed timely filed and served (see People v Syville, 15 NY3d 391).
Memorandum: Pursuant to County Law § 525 (1), the County Clerk is the clerk of the court for both Supreme and County courts.
Entered: December 7, 2015
Frances E. Cafarell, Clerk