THE PEOPLE V ADAM C. SMITH
Motion No: KA 17-01281
Slip Opinion No: 2017 NY Slip Op 83167(U)
Decided on August 15, 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.


August 15, 2017

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 17-01281
Indictment No: 2015-202B

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ADAM C. SMITH, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.10(6) to extend the time to serve a notice of appeal from a judgment of the Cayuga County Court, rendered November 17, 2016,

Now, upon reading and filing the affidavit of Adam C. Smith sworn to June 28, 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 on the condition that Adam C. Smith serves the notice of appeal dated November 17, 2016 on or before September 14, 2017, and

It is further ORDERED that said notice of appeal shall be treated as valid as to the judgment rendered November 17, 2016 under Indictment 2015-202B pursuant to CPL 460.10 (6) on the condition that Adam C. Smith serves the notice of appeal upon the Cayuga County District Attorney's Office on or before September 14, 2017.

Entered: August 15, 2017

Frances E. Carafell, Clerk