THE PEOPLE V MIGUEL MARTINEZ
Motion No: KA 16-02182
Slip Opinion No: 2016 NY Slip Op 94963(U)
Decided on December 19, 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 19, 2016

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

KA 16-02182
Indictment No: 2015-0596-2

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MIGUEL MARTINEZ, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Onondaga County Court, rendered August 2, 2016,

Now, upon reading and filing the affidavit of Miguel Martinez sworn to October 25, 2016, the notice of motion with proof of service thereof, the statement of William L. Balduf, Esq. dated December 5, 2016, and due deliberation having been had thereon,

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

Memorandum: William L. Balduf, Esq. timely filed and served the notice of appeal on August 3, 2016.

Entered: December 19, 2016

Frances E. Cafarell, Clerk