| People of State of New York v George Scivolette |
| Motion No: 2016-01890 DCR |
| Slip Opinion No: 2016 NY Slip Op 89940(U) |
| Decided on October 19, 2016 |
| Appellate Term, Second 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Plaintiff, v George Scivolette, Defendant. |
Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Justice Court of the Town of Poughkeepsie, Dutchess County, rendered August 31, 2015.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED, on the court's own motion, that defendant's time to file an affidavit of errors is extended 30 days from the date of this decision and order on motion.
In People v Smith (27 NY3d 643 [2016]), the Court of Appeals held that, for the purpose of taking an appeal, a record made from a mechanical recording is not the equivalent of a record made by a court stenographer and that an affidavit of errors is required for such an appeal to be properly taken.
ENTER:
Paul Kenny
Chief Clerk