THE PEOPLE V JOSHUA MCCORMICK
Motion No: KA 15-02134
Slip Opinion No: 2016 NY Slip Op 65359(U)
Decided on February 24, 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.


February 24, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 15-02134
Indictment No: 13-165

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOSHUA MCCORMICK, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Chautauqua County Court rendered January 26, 2015,

Now, upon reading and filing the affidavit of Joshua A. McCormick sworn to December 15, 2015, the notice of motion with proof of service thereof, the affirmation of Craig E. Jackson, Esq. dated December 28, 2015, the affirmation of Andrew M. Molitor, Esq. dated January 20, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and Joshua A. McCormick is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before March 25, 2016.

Memorandum: 22 NYCRR 1022.11(a) requires that written notice of the right to appeal be given to the defendant at sentencing. The form used should contain language establishing compliance with that requirement.

Entered: February 24, 2016

Frances E. Cafarell, Clerk