THE PEOPLE V JOHN W. WALLS
Motion No: KA 16-02302
Slip Opinion No: 2017 NY Slip Op 62065(U)
Decided on January 25, 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 25, 2017

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

KA 16-02302
Indictment No: 2015-0522

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOHN W. WALLS, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Supreme Court, Monroe County, rendered July 26, 2016,

Now, upon reading and filing the affidavit of John Walls sworn to November 19, 2016, the notice of motion with proof of service thereof, the statement of Daniel Gross, Esq. dated January 19, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the notice of appeal dated November 30, 2016, which was filed at the Monroe County Clerk's Office and served upon the Monroe County District Attorney's Office on November 30, 2016, is hereby deemed timely filed and served, and

It is further ORDERED that the notice of appeal dated November 30, 2016 shall be treated as valid as to the judgment of Supreme Court, Monroe County, rendered July 26, 2016 for Indictment number 2015-0522 pursuant to CPL 460.10 (6).

Entered: January 25, 2017

Frances E. Cafarell, Clerk