THE PEOPLE V JAMIE CRUZ
Motion No: KA 17-02071
Slip Opinion No: 2017 NY Slip Op 96279(U)
Decided on December 19, 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.


December 19, 2017

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 17-02071
Indictment No: 2017-0042

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JAMIE CRUZ, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Supreme Court, Monroe County, rendered June 14, 2017,

Now, upon reading and filing the affidavit of Jamie Cruz sworn to November 22, 2017, the notice of motion with proof of service thereof, the statement of Daniel Gross, Esq. dated December 12, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that Jamie Cruz is hereby directed to serve the pro se notice of appeal in accordance with CPL 460.10 on or before January 18, 2018, and

It is further ORDERED that the notice of appeal is deemed timely on the condition that defendant serves the pro se notice of appeal upon the Monroe County District Attorney on or before January 18, 2018.

Entered: December 19, 2017

Mark W. Bennett, Clerk