| THE PEOPLE V TIMOTHY C. IRVIN |
| Motion No: KA 18-00711 |
| Slip Opinion No: 2018 NY Slip Op 75810(U) |
| Decided on June 20, 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 18-00711
Indictment No: 16-345
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TIMOTHY C. IRVIN,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Chautauqua County Court, rendered March 23, 2017,
Now, upon reading and filing the affidavit of Timothy Irvin sworn to January 14, 2018, the notice of motion with proof of service thereof, the statement of Daniel C. Gard, Esq., dated May 8, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that Timothy Irvin is hereby directed to serve the pro se notice of appeal dated February 7, 2018 in accordance with CPL 460.10 on or before July 20, 2018, and
It is further ORDERED that the notice of appeal is deemed timely on the condition that defendant serves the pro se notice of appeal upon the Chautauqua District Attorney on or before July 20, 2018.
Entered: June 20, 2018
MARK W. BENNETT, Clerk