THE PEOPLE V ROBERT SMITH THE PEOPLE V ROBERT L. SMITH SCI No: 41731
Motion No: KA 17-02052
Slip Opinion No: 2018 NY Slip Op 62076(U)
Decided on January 17, 2018
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.


January 17, 2018

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

KA 17-02052
Indictment No: 2016-0388
KA 17-02053
Indictment No: 2016-1993 and

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ROBERT SMITH, DEFENDANT-APPELLANT.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ROBERT L. SMITH, DEFENDANT-APPELLANT.

SCI No: 41731


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from the judgments of Supreme Court, Erie County rendered December 8, 2016,

Now, upon reading and filing the affidavit of Robert Smith sworn to November 21, 2017, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated December 18, 2017, the statement of Jeremy D. Schwartz, Esq. dated January 12, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and Robert Smith is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before February 16, 2018.

Entered: January 17, 2018

Mark W. Bennett, Clerk