THE PEOPLE V TOMMY LEE BROWN
Motion No: KA 16-02112
Slip Opinion No: 2016 NY Slip Op 94356(U)
Decided on December 13, 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.


December 13, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 16-02112
Indictment No: 14-009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

TOMMY LEE BROWN, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Seneca County Court, rendered February 18, 2016,

Now, upon reading and filing the affidavits of Tommy Lee Brown sworn to November 2, 2016 and November 3, 2016, the notice of motion with proof of service thereof, the statement of David K. Ettman, Esq. dated November 30, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as unnecessary.

Memorandum: David K. Ettman, Esq. timely filed and served the notice of appeal on February 19, 2016.

Entered: December 13, 2016

Frances E. Cafarell, Clerk