| THE PEOPLE V CARLOS MORALES-ALVAREZ |
| Motion No: KA 17-01575 |
| Slip Opinion No: 2017 NY Slip Op 89609(U) |
| Decided on October 19, 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 17-01575
Indictment No: 2012-2532
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CARLOS
MORALES-ALVAREZ, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Supreme Court, Erie County, entered June 27, 2013, and for other relief,
Now, upon reading and filing the affidavit of Carlos Morales Alvarez sworn to August 17, 2017, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated October 3, 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 is otherwise dismissed as academic.
Entered: October 19, 2017
Mark W. Bennett, Clerk