| THE PEOPLE V CALVIN PAYTON |
| Motion No: KA 17-01411 |
| Slip Opinion No: 2017 NY Slip Op 90769(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 17-01411
Indictment No. 2016-0784
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CALVIN
PAYTON, DEFENDANT-APPELLANT. |
Defendant having moved to amend the order of this Court entered August 29, 2017 granting an extension of time pursuant to CPL 460.30, to file a late notice of appeal,
Now, upon reading and filing the affidavit of Calvin Payton sworn to September 18, 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 is granted to the extent that the ordering paragraph of the order of this Court entered August 29, 2017 is hereby amended by striking therefrom the date September 28, 2017 and inserting in place thereof the date November 24, 2017.
Entered: October 25, 2017
Mark W. Bennett, Clerk