| THE PEOPLE V HENRY JIMENEZ |
| Motion No: KA 15-01902 |
| Slip Opinion No: 2017 NY Slip Op 64956(U) |
| Decided on February 21, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 15-01902
Indictment No: 462-10
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V HENRY JIMENEZ,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from an order of the Jefferson County Court, dated September 24, 2015,
Now, upon reading and filing the affirmation of Patrick J. Brackley, Esq. dated February 1, 2017, 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 to the extent that the notice of appeal dated February 6, 2016, which was filed at the Jefferson County Clerk's Office on February 18, 2016 and served upon the Jefferson County District Attorney's Office on February 11, 2016, is hereby deemed timely filed and served, and
It is further ORDERED that the notice of appeal dated February 6, 2016 shall be treated as valid as to the order of Jefferson County, dated September 24, 2015 for Indictment number 462-10 pursuant to CPL 460.10 (6).
Entered: February 21, 2017
Frances E. Cafarell, Clerk