| THE PEOPLE V RICHARD DARWISH |
| Motion No: KA 17-01910 |
| Slip Opinion No: 2017 NY Slip Op 94800(U) |
| Decided on December 4, 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 17-01910
Indictment No: 2016-0949-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RICHARD DARWISH,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from the judgment of the Onondaga County Court, entered August 29, 2017,
Now, upon reading and filing the affidavit of Richard Darwish sworn to October 19, 2017, the statement of James P. Maxwell, Esq. dated November 6, 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 granted to the extent that Richard Darwish is hereby directed to file the pro se notice of appeal dated September 14, 2017 in accordance with CPL 460.10 on or before January 3, 2018, and
It is further ORDERED that the notice of appeal is deemed timely on the condition that Richard Darwish files the notice of appeal at the Onondaga County Clerk's Office on or before January 3, 2018.
Entered: December 4, 2017
Mark W. Bennett, Clerk