| THE PEOPLE V KIM SORIANO |
| Motion No: KA 18-00202 |
| Slip Opinion No: 2018 NY Slip Op 66442(U) |
| Decided on March 1, 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 18-00202
Indictment No: 2016-0579-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KIM SORIANO,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Onondaga County Court, rendered September 15, 2017,
Now, upon reading and filing the affidavit of Kim Zachary Soriano sworn to December 7, 2017, the notice of motion with proof of service thereof, the statement of James P. Maxwell, Esq. dated February 9, 2018, the statement of Stuart J. LaRose, Esq. dated February 12, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary, and
It is further ORDERED that the notice of appeal dated October 2, 2017 which inaccurately lists a decision and order made on September 15, 2013 shall be treated as valid as to the judgment of Onondaga County Court rendered September 15, 2017 for Indictment 2016-0579-1 pursuant to CPL 460.10(6).
Memorandum: Stuart J. LaRose, Esq. timely filed and served the notice of appeal on October 2, 2017.
Entered: March 1, 2018
Mark W. Bennett, Clerk