| THE PEOPLE V FRANK GARCIA |
| Motion No: KA 16-00493 |
| Slip Opinion No: 2016 NY Slip Op 72561(U) |
| Decided on May 2, 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 16-00493
Indictment No. 09-01-023
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V FRANK
GARCIA, DEFENDANT-APPELLANT. |
Respondent having moved for an extension of time to file and serve a response to an application pursuant to CPL 460.15 seeking permission to appeal from an order of Supreme Court, Ontario County, dated January 26, 2016,
Now, upon reading and filing the affidavit of R. Michael Tantillo, Esq. sworn to April 19, 2016, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the Clerk's Office is directed to accept for filing the affirmation of R. Michael Tantillo, Esq. dated April 19, 2016 with attached exhibits, and
It is further ORDERED that the defendant shall file a reply, if any, on or before May 17, 2016.
Entered: May 2, 2016
Frances E. Cafarell, Clerk