| THE PEOPLE V SHELBY M. HODGE |
| Motion No: KA 17-00944 |
| Slip Opinion No: 2017 NY Slip Op 93192(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 17-00944
SCI No: 16C-251
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V SHELBY M.
HODGE, DEFENDANT-APPELLANT. |
Defendant having moved to amend the order of this Court entered June 26, 2017 granting an extension of time pursuant to CPL 460.30, to file and serve a late notice of appeal,
Now, upon reading and filing the affidavit of Shelby Hodge sworn to October 9, 2017, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary, and
It is further ORDERED that the pro se notice of appeal dated July 8, 2017 which inaccurately list the sentencing date as January 28, 2017 shall be treated as valid as the judgment of Oswego County Court rendered January 24, 2017 for SCI 16C-251 pursuant to CPL 460.10(6).
Memorandum: The pro se notice of appeal dated July 8, 2017 has been timely filed and served pursuant to the order of this Court entered June 26, 2017.
Entered: November 20, 2017
Mark W. Bennett, Clerk