| THE PEOPLE V JOSEPH IRWIN |
| Motion No: KA 17-01613 |
| Slip Opinion No: 2017 NY Slip Op 88197(U) |
| Decided on October 3, 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 17-01613
Indictment No: 15-392
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSEPH IRWIN,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Oneida County Court, rendered December 19, 2016,
Now, upon reading and filing the affidavit of Joseph Irwin sworn to August 31, 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 to the extent that Benjamin L. Hirshfield, Esq. is hereby to serve the notice of appeal dated January 18, 2017 for Indictment 2015-392 in accordance with CPL 460.10 on or before November 2, 2017, and
It is further ORDERED that said notice of appeal is deemed timely on the condition that Benjamin L. Hirshfield, Esq. serves the notice of appeal upon the Oneida County District Attorney's Office on or before November 2, 2017.
Entered: October 3, 2017
Mark W. Bennett, Clerk