| THE PEOPLE V JEREMY L. SOUTAR |
| Motion No: KA 17-00863 |
| Slip Opinion No: 2017 NY Slip Op 77800(U) |
| Decided on June 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 17-00863
SCI No: 2014-204
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JEREMY L.
SOUTAR, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Cayuga County Court, rendered January 29, 2015, and for other relief,
Now, upon reading and filing the affidavit of Jeremy Soutar sworn to May 1, 2017, the notice of motion with proof of service thereof, the affidavit of Rome Canzano, Esq. sworn to May 18, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks CPL 460.30 relief is dismissed as untimely, and
It is further ORDERED that the motion insofar as it seeks coram nobis relief is granted to the extent that the notice of appeal dated March 16, 2015, which was filed in the Cayuga County Clerk's Office on March 17, 2015 and served upon the Cayuga County District Attorney's Office on March 18, 2015, is hereby deemed timely filed and served.
Entered: June 21, 2017
Frances E. Cafarell, Clerk