| THE PEOPLE V CALVIN PAYTON |
| Motion No: KA 17-01411 |
| Slip Opinion No: 2017 NY Slip Op 84611(U) |
| Decided on August 29, 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 17-01411
Indictment No: 2016-0784
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CALVIN PAYTON,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Erie County Court, rendered June 9, 2017,
Now, upon reading and filing the affidavit of Calvin Payton sworn to July 21, 2017, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated August 8, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and Calvin Payton is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before September 28, 2017.
Entered: August 29, 2017
Frances E. Cafarell, Clerk