| THE PEOPLE V ERROL POTTINGER |
| Motion No: KA 14-00969 |
| Slip Opinion No: 2015 NY Slip Op 93769(U) |
| Decided on December 10, 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 14-00969
Indictment No. 2006-0537
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ERROL
POTTINGER, DEFENDANT-APPELLANT. |
Defendant having moved to amend the order of this Court entered September 25, 2014 granting an extension of time pursuant to CPL 460.30, to file and serve a late notice of appeal,
Now, upon reading and filing the affidavit of Errol Pottinger sworn to August 31, 2015, the statement of Errol Pottinger dated August 31, 2015, the notice of motion with proof of service thereof, the affirmation of Stephen X. O'Brien, Esq. dated October 23, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the pro se notice of appeal sworn to October 24, 2014, which was served upon the Monroe County District Attorney on October 24, 2014 and filed in the Monroe County Clerk's Office on October 29, 2014 is hereby deemed timely filed and served.
Entered: December 10, 2015
Frances E. Cafarell, Clerk