THE PEOPLE V KENNETH SMITH Indictment No: 2000/0642
Motion No: KA 16-00166
Slip Opinion No: 2016 NY Slip Op 66246(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.


February 29, 2016

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

KA 16-00166

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

KENNETH SMITH, DEFENDANT-APPELLANT.

Indictment No: 2000/0642


Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of Supreme Court, Monroe County, dated September 1, 2015 and entered September 2, 2015,

Now, upon reading and filing the affidavit of Kenneth Smith sworn to January 22, 2016, the notice of motion with proof of service thereof, the statement of Daniel Gross, Esq. dated February 10, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition defendant file and serve an application pursuant to CPL 460.15 on or before March 30, 2016.

Entered: February 29, 2016

Frances E. Cafarell, Clerk