| THE PEOPLE V GREGORY BORCYK Indictment No: 2005/004 |
| Motion No: KA 16-01138 |
| Slip Opinion No: 2016 NY Slip Op 93645(U) |
| Decided on December 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 16-01138
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V GREGORY BORCYK,
DEFENDANT-APPELLANT. Indictment No: 2005/004 |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from the order of the Monroe County Court, dated January 4, 2016,
Now, upon reading and filing the affirmation of Jonathan I. Edelstein, Esq. dated November 10, 2016, the statement of Jonathan I. Edelstein, Esq. dated November 21, 2016, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that Jonathan I. Edelstein, Esq. is hereby directed to file the notice of appeal dated October 19, 2016 in accordance with CPL 460.10 on or before December 30, 2016, and
It is further ORDERED that the notice of appeal is deemed timely on the condition that Jonathan I. Edelstein, Esq. files the notice of appeal at the Monroe County Clerk's Office on or before December 30, 2016.
Entered: December 2, 2016
Frances E. Cafarell, Clerk