| THE PEOPLE V TERROL MASSEY |
| Motion No: KA 09-00914 |
| Slip Opinion No: 2017 NY Slip Op 90768(U) |
| Decided on October 25, 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 09-00914
Indictment No: 2005-1167
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TERROL
MASSEY, DEFENDANT-APPELLANT. |
Defendant having moved for a writ of error coram nobis seeking leave to file a late notice of appeal from a judgment of Supreme Court, Erie County, rendered April 20, 2007,
Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq. dated September 13, 2017, the affidavit of Terrol Massey sworn to September 18, 2017, the affidavit of Nora Massey sworn to September 13, 2017, the notice of motion with proof of service thereof, the affidavit of Donna A. Milling, Esq. sworn to October 12, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and Timothy P. Murphy, Esq. is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before November 24, 2017 (see People v Syville, 15 NY3d 391 [2010]).
Entered: October 25, 2017
Mark W. Bennett, Clerk