| THE PEOPLE V MIGUEL RIVERA |
| Motion No: KA 17-00581 |
| Slip Opinion No: 2017 NY Slip Op 70283(U) |
| Decided on April 10, 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 17-00581
Indictment No: 2015-0654-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MIGUEL RIVERA,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Onondaga County Court, rendered September 28, 2015,
Now, upon reading and filing the affidavit of Miguel Rivera sworn to March 11, 2017, the notice of motion with proof of service thereof, the statement of James P. Maxwell, Esq. dated March 28, 2017, the statement of Kenneth M. Moynihan, Esq. dated April 4, 4017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely.
Entered: April 10, 2017
Frances E. Cafarell, Clerk