THE PEOPLE V TALIB ALSAIFULLAH THE PEOPLE V TALIB ALSAIFULLAH (APPEAL NO. 2.) THE PEOPLE V TALIB ALSAIFULLAH (APPEAL
Motion No: KA 15-00653
Slip Opinion No: 2017 NY Slip Op 60841(U)
Decided on January 11, 2017
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.


January 11, 2017

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

KA 15-00653
Indictment No. 2013-190
KA 15-01069
Indictment No. 2013-190
KA 15-01012
Indictment No. 2013-190

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

TALIB ALSAIFULLAH, DEFENDANT-APPELLANT.

(APPEAL NO. 1.)

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

TALIB ALSAIFULLAH, DEFENDANT-APPELLANT.

(APPEAL NO. 2.)

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

TALIB ALSAIFULLAH, DEFENDANT-APPELLANT.

(APPEAL NO. 3.)



Appellant having moved for an extension of time to perfect the appeals taken from a judgment of the Cayuga County Court, rendered February 24, 2015, the order of Cayuga County Court entered May 5, 2015, which denied defendant's request for forensic DNA testing of evidence pursuant to CPL 440.30 (1-a) and the order of Cayuga County Court entered May 20, 2015,

Now, upon reading and filing the affidavit of Bradley E. Keem, Esq. sworn to December 5, 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 on the condition that appellant perfect the appeals on or before April 11, 2017, and in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: January 11, 2017

Frances E. Cafarell, Clerk