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

KA 16-00455
Indictment No: 2007-0239-I

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V EDWARD ATKINS, DEFENDANT-APPELLANT.

Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Onondaga County Court, rendered May 21, 2007, and respondent having moved to dismiss said appeal on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavits of Edward Atkins, Jr. sworn to March 11, 2016 and April 6, 2016, the notices of motion with proof of service thereof, the affirmation of James P. Maxwell, Esq. dated March 28, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion of defendant is dismissed as unnecessary inasmuch as trial counsel timely filed a notice of appeal at the Onondaga County Clerk's Office on June 12, 2007 and timely served said notice upon the Onondga County District Attorney's Office on June 19, 2007, and,

It is further ORDERED that the motion of respondent is denied without prejudice to renewal of said motion on or before August 3, 2016 or following the determination by this court of an application to proceed as a poor person and for assignment of counsel.

Entered: May 5, 2016

Frances E. Cafarell, Clerk