| THE PEOPLE V DEMARIO SMITH |
| Motion No: KA 14-00968 |
| Slip Opinion No: 2016 NY Slip Op 65336(U) |
| Decided on February 23, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 14-00968
Indictment No: 2012-01001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DEMARIO SMITH,
DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Erie County Court, rendered November 22, 2013,
Now, upon reading and filing the affirmation of David M. Abbatoy, Jr., Esq. dated February 1, 2016, the notice of motion with proof of service thereof, the statement of Michael J. Hillery, Esq. dated February 3, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered December 1, 2015 is hereby amended by striking therefrom the date February 1, 2016 and inserting in place thereof the date April 25, 2016.
Entered: February 23, 2016
Frances E. Cafarell, Clerk