| THE PEOPLE V KEVIN DOGAN |
| Motion No: KA 17-00414 |
| Slip Opinion No: 2017 NY Slip Op 93189(U) |
| Decided on November 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 17-00414
Indictment No: 2014-00014
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KEVIN DOGAN,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from an order of the Erie County Court, dated December 16, 2016,
Now, upon reading and filing the affirmation of Alan Williams, Esq. dated November 3, 2017, the notice of motion with proof of service thereof, the statement of Kevin Dogan, dated October 29, 2017, the statement of Donna A. Milling, Esq. dated November 9, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the notice of appeal dated April 25, 2017, which was filed at the Erie County Clerk's Office on May 8, 2017, and served upon the Erie County District Attorney's Office on April 25, 2017, is hereby deemed timely filed and served, and
It is further ORDERED that the notice of appeal dated April 25, 2017, shall be treated as valid as to the order of Erie County Court, dated December 16, 2016 for Indictment number 2014-00014, pursuant to CPL 460.10 (6).
Entered: November 20, 2017
Mark W. Bennett, Clerk