| THE PEOPLE V MICHAEL A. UPDAW |
| Motion No: KA 17-01272 |
| Slip Opinion No: 2017 NY Slip Op 84565(U) |
| Decided on August 24, 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: CENTRA, J.P., NEMOYER, TROUTMAN, WINSLOW, AND SCUDDER, JJ.
KA 17-01272
Indictment No: 2015-0496
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MICHAEL A.
UPDAW, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Monroe County Court, rendered May 5, 2016, and for other relief,
Now, upon reading and filing the affidavit of Michael A. Updaw sworn to June 28, 2017, the notice of motion with proof of service thereof, the affidavit of Mark A. Foti, Esq. sworn to August 4, 2017, the statement of Daniel Gross, Esq. dated August 4, 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, and Mark A. Foti, Esq. is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before September 22, 2017 (see People v Syville, 15 NY3d 391 [2010]).
Entered: August 24, 2017
Frances E. Cafarell, Clerk