| THE PEOPLE V BRYON K. JOHNSON |
| Motion No: KA 16-01741 |
| Slip Opinion No: 2016 NY Slip Op 90345(U) |
| Decided on November 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 16-01741
Indictment No: 2014-1263
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BRYON K. JOHNSON,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Supreme Court, Monroe County, rendered November 13, 2015,
Now, upon reading and filing the affidavit of Bryon K. Johnson sworn to September 6, 2016, the notice of motion with proof of service thereof, the statement of Daniel Gross, Esq. dated October 26, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal dated November 17, 2015 which inaccurately lists indictment number 1063/2014 shall be treated as valid as to the judgment of Supreme Court, Monroe County, rendered November 13, 2015 for indictment number 2014-1263 pursuant to CPL 460.10 (6), and
It is further ORDERED that the motion is dismissed as unnecessary.
Memorandum: Avik K. Ganguly, Esq. timely filed the notice of appeal on November 18, 2015 and timely served the notice of appeal on November 19, 2015.
Entered: November 2, 2016
Frances E. Cafarell, Clerk