| THE PEOPLE V DEMARIO SMITH |
| Motion No: KA 14-00968 |
| Slip Opinion No: 2016 NY Slip Op 83593(U) |
| Decided on August 18, 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: CARNI, J.P., LINDLEY, NEMOYER, CURRAN, AND SCUDDER, JJ.
KA 14-00968
Indictment No: 2012-01001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DEMARIO SMITH,
DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Erie County Court, rendered November 22, 2013, and for other relief,
Now, upon reading and filing the affirmation of David M. Abbatoy, Jr., Esq. dated July 18, 2016, the notice of motion with proof of service thereof, the statement of Michael J. Hillery, Esq. dated July 21, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered May 17, 2016 is hereby amended by striking therefrom the date July 18, 2016 and inserting in place thereof the date October 17, 2016, and
It is further ORDERED that the respondent shall file confidentially with the Clerk of this Court the grand jury minutes on or before October 17, 2016, and
It is further ORDERED that the motion is otherwise denied.
Entered: August 18, 2016
Frances E. Cafarell, Clerk