| THE PEOPLE V BRUCE RETZER |
| Motion No: Indictment No: 93-1495-001 |
| Slip Opinion No: 2017 NY Slip Op 89547(U) |
| Decided on October 16, 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.
Indictment No: 93-1495-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BRUCE RETZER,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Erie County Court, dated January 9, 2017, and to take an appeal from that part of the order of Erie County Court dated January 9, 2017 which denied defendant's request for forensic DNA testing pursuant to CPL 440.30(1-a),
Now, upon reading and filing the affidavit of Bruce Retzer sworn to August 26, 2017, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated September 14, 2017, and the statement of David A. Heraty, Esq. dated August 30, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to move for leave to appeal is granted on the condition defendant file and serve an application pursuant to CPL 460.15 on or before November 15, 2017, and
It is further ORDERED that the motion insofar as it seeks an extension to take an appeal for that part of the order requesting forensic DNA testing pursuant to CPL 440.30(1-a) is granted and Bruce Retzer is directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before November 15, 2017.
Entered: October 16, 2017
Mark W. Bennett, Clerk