| THE PEOPLE V MARQUILLE SPENCER |
| Motion No: KA 17-01363 |
| Slip Opinion No: 2017 NY Slip Op 94786(U) |
| Decided on November 30, 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 17-01363
Indictment No: 2015-1769S
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MARQUILLE
SPENCER, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Supreme Court, Erie County, rendered May 17, 2017,
Now, upon reading and filing the affidavit of Marquille Spencer sworn to October 18, 2017, the notice of motion with proof of service thereof, the affirmation of Daniel P. Grasso, Esq. filed November 24, 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 filed on June 16, 2017 and served on June 21, 2017 is hereby deemed timely filed and served.
Entered: November 30, 2017
Mark W. Bennett, Clerk