| THE PEOPLE V RICHARD TORTORICE Indictment No: 1115B/2010 |
| Motion No: KA 17-00607 |
| Slip Opinion No: 2017 NY Slip Op 85305(U) |
| Decided on September 5, 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 17-00607
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RICHARD
TORTORICE, DEFENDANT-APPELLANT. Indictment No: 1115B/2010 |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from the part of an order of the Supreme Court, Monroe County, dated February 27, 2017, which denied defendant's request for forensic DNA testing of evidence,
Now, upon reading and filing the statement of Richard Tortorice dated July 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 and Richard Tortorice is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before October 5, 2017.
Entered: September 5, 2017
Frances E. Cafarell, Clerk