| THE PEOPLE V MELVIN G. CRUZ, ALSO KNOWN AS MELVIN GONZALEZ |
| Motion No: KA 16-00549 |
| Slip Opinion No: 2016 NY Slip Op 71963(U) |
| Decided on April 27, 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 16-00549
Indictment No: 2014-0686
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MELVIN G. CRUZ,
ALSO KNOWN AS MELVIN GONZALEZ, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Monroe County Court, rendered April 2, 2015,
Now, upon reading and filing the affidavit of Melvin Cruz sworn to March 16, 2016, the notice of motion with proof of service thereof, the statement of Daniel Gross, Esq. dated April 21, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that Melvin Cruz is hereby directed to serve the pro se notice of appeal dated February 2, 2016 in accordance with CPL 460.10 on or before May 27, 2016, and
It is further ORDERED that the notice of appeal is deemed timely on the condition that defendant serves the pro se notice of appeal upon the District Attorney on or before May 27, 2016.
Entered: April 27, 2016
Frances E. Cafarell, Clerk