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

KA 18-00364
Indictment No: 2016-404
KA 18-00365
Indictment No: 2017-171
KA 18-00357
KA 18-00358
Indictment No: 2017-1697 and

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DENNIS T. SMITH, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DENNIS T. SMITH, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DENNIS T. SMITH, ALSO KNOWN AS, DENNIS THOMAS SMITH, DEFENDANT-APPELLANT. Indictment No: 5951 THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DENNIS SMITH, DEFENDANT-APPELLANT. SCI No: 42778

Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Supreme Court, Niagara County, rendered August 1, 2017 (KA 18-00364), a judgment of Supreme Court, Niagara County, rendered August 1, 2017 (KA 18-00365), a judgment of Genesee County Court, rendered August 3, 2017 (KA 18-00357) and a judgment of Erie County Court, rendered November 27, 2017 (KA 18-00358),

Now, upon reading and filing the affidavit of Dennis Smith sworn to January 31, 2018, the notice of motion with proof of service thereof, the affirmation of Shirley A. Gorman, Esq. dated February 15, 2018, the statement of Frederick M. Rarick, Esq. dated March 13, 2018, the affirmation of Jon Allon Nichols, Esq. dated March 12, 2018 and the statement of Donna A. Milling, Esq. dated March 9, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks CPL 460.30 relief for the judgment of Erie County Court is denied, and

It is further ORDERED that the motion is otherwise granted and Dennis T. Smith

is hereby directed to file and serve a notice of appeal for the judgments of Niagara County and Genesee County in accordance with CPL 460.10 on or before May 10, 2018.

Entered: April 10, 2018

Mark W. Bennett, Clerk