| THE PEOPLE V ELVIN RIOS |
| Motion No: KA 16-00910 |
| Slip Opinion No: 2016 NY Slip Op 80816(U) |
| Decided on July 21, 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: SMITH, J.P., CENTRA, PERADOTTO, LINDLEY, AND DEJOSEPH, JJ.
KA 16-00910
Indictment No: 2008-0357
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ELVIN RIOS,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a resentence of the Erie County Court rendered June 20, 2014, and for other relief,
Now, upon reading and filing the affidavit of Elvin Rios sworn to May 20, 2016, the notice of motion with proof of service thereof, the statement of Michael J. Hillery, Esq. dated June 7, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks CPL 460.30 relief is dismissed as untimely, and
It is further ORDERED that the motion insofar as it seeks coram nobis relief is denied.
Memorandum: Because the notice of appeal filed in the Office of the Clerk of Erie County on July 23, 2014 is untimely, it is deemed null and void.
Entered: July 21, 2016
Frances E. Cafarell, Clerk