| THE PEOPLE V JAMES S. APPLEBERRY |
| Motion No: KA 15-01887 |
| Slip Opinion No: 2016 NY Slip Op 66228(U) |
| Decided on February 29, 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 15-01887
Indictment No: 2013-0734
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES S.
APPLEBERRY, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Supreme Court, Monroe County rendered May 12, 2015,
Now, upon reading and filing the affirmation of Michael Jos. Witmer, Esq. dated January 29, 2016, the notice of motion with proof of service thereof, the statement of Daniel Gross, Esq. dated February 18, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the notice of appeal dated June 4, 2015 which was filed and served on June 17, 2015 is hereby deemed timely filed and served.
Entered: February 29, 2016
Frances E. Cafarell, Clerk