| THE PEOPLE V CORDERO RUMPH |
| Motion No: KA 17-01628 |
| Slip Opinion No: 2017 NY Slip Op 90719(U) |
| Decided on October 20, 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 17-01628
Indictment No: 15-084
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CORDERO RUMPH,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Cattaraugus County Court, rendered June 13, 2016,
Now, upon reading and filing the affidavit of Cordero Rumph sworn to September 7, 2017, the notice of motion with proof of service thereof, the statement of Benjamin J. Smith, Esq. dated September 21, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely, and
It is further ORDERED that defendant is afforded coram nobis relief to the extent that the notice of appeal dated July 14, 2016 for indictment 15-084 filed at the Cattaraugus County Clerk's Office on July 18, 2016 and served on the Cattaraugus County District Attorney on July 18, 2016 is hereby deemed timely filed and served (See People v Syville, 15 NY3d 391 [2010]), and
It is further ORDERED that the notice of appeal filed on July 18, 2016, which inaccurately lists the judgment rendered date as June 6, 2016, shall be treated as valid as to the judgment rendered June 13, 2016 pursuant to CPL 460.10(6).
Entered: October 20, 2017
Mark W. Bennett, Clerk