| People of State of New York v Peter Lintault |
| Motion No: 2016-02710 SCR |
| Slip Opinion No: 2017 NY Slip Op 62397(U) |
| Decided on January 20, 2017 |
| Appellate Term, Second 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
ANGELA G. IANNACCI
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Plaintiff, v Peter Lintault, Defendant. |
Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered June 23, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that defendant's time to file an affidavit of errors is extended 30 days from the date of this decision and order on motion.
In People v Smith (27 NY3d 643 [2016]), the Court of Appeals held that, for the purpose of taking an appeal, a record made from a mechanical recording is not the equivalent of a record made by a court stenographer and that an affidavit of errors is required for such an appeal to be properly taken.
ENTER:
Paul Kenny
Chief Clerk