| THE PEOPLE V JUSTIN L. LETZELTER |
| Motion No: KA 17-01912 |
| Slip Opinion No: 2017 NY Slip Op 94810(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 17-01912
SCI No: 17-DI-093
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JUSTIN L.
LETZELTER, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Supreme Court, Ontario County, rendered June 5, 2017,
Now, upon reading and filing the affidavit of Justin Letzelter sworn to October 22, 2017, the notice of motion with proof of service thereof, the statement of Michael Tantillo, Esq. dated November 6, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that Justin L. Letzelter is hereby directed to serve the pro se notice of appeal dated August 17, 2017 in accordance with CPL 460.10 on or before January 3, 2018, and
It is further ORDERED that the notice of appeal filed at the Ontario County Clerk's office on September 21, 2017 is deemed timely on the condition that defendant serves the pro se notice of appeal upon the District Attorney on or before January 3, 2018.
Entered: December 4, 2017
Mark W. Bennett, Clerk