| THE PEOPLE V BRIAN R. WOODY, SR. |
| Motion No: KA 17-00251 |
| Slip Opinion No: 2017 NY Slip Op 79846(U) |
| Decided on July 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 17-00251
Indictment No: 16-21
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BRIAN R. WOODY,
SR., DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Herkimer County Court, rendered February 23, 2017,
Now, upon reading and filing the statements of Brian R. Woody dated May 30, 2017 and June 13, 2017, the notice of motion with proof of service thereof, the affidavit of Robert R. Calli, Jr., Esq. sworn to June 16, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the pro se notice of appeal filed at the Herkimer County Clerk's Office on March 28, 2017 and served upon the Herkimer District Attorney's Office on March 27, 2017 is hereby deemed timely filed and served.
Entered: July 10, 2017
Frances E. Cafarell, Clerk