| THE PEOPLE V DAVID TOE |
| Motion No: KA 18-00199 |
| Slip Opinion No: 2018 NY Slip Op 65595(U) |
| Decided on February 27, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 18-00199
Indictment No: 2016-1446D
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID TOE,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Supreme Court, Erie County, rendered May 12, 2017,
Now, upon reading and filing the affidavit of David Toe sworn to January 5, 2018, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated February 9, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and David Toe is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before March 29, 2018.
Entered: February 27, 2018
Mark W. Bennett, Clerk