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

KA 18-00075
Indictment No: 2016-1564

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSEPH PIERCE, DEFENDANT-APPELLANT.

Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from the judgment of Supreme Court, Erie County, rendered May 25, 2017,

Now, upon reading and filing the affidavit of Joseph Pierce sworn to January 9, 2018, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated January 22, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that Joseph Pierce is hereby directed to file the pro se notice of appeal dated May 30, 2017 in accordance with CPL 460.10 on or before March 22, 2018, and

It is further ORDERED that the notice of appeal is deemed timely on the condition that Joseph Pierce files the notice of appeal at the Erie County Clerk's Office on or before March 22, 2018, and

It is further ORDERED that the pro se notice of appeal dated May 30, 2017 which inaccurately list the sentencing date as April 13, 2017 shall be treated as valid as to the judgment of Supreme Court, Erie County, rendered May 25, 2017 for Indictment 2016-1564 pursuant to CPL 460.10(6) on the condition defendant files the notice of appeal at the Erie County Clerk's Office before March 22, 2018.

Entered: February 20, 2018

Mark W. Bennett, Clerk