| THE PEOPLE V TAMMY A. LABARBERA |
| Motion No: KA 18-01106 |
| Slip Opinion No: 2018 NY Slip Op 78192(U) |
| Decided on July 17, 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 18-01106
Indictment No: 2016-1063B
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TAMMY A.
LABARBERA, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from the judgment of Monroe County Court, rendered September 8, 2017,
Now, upon reading and filing the affidavit of Tammy LaBarbera, sworn to June 1, 2018, the notice of motion with proof of service thereof, the statement of Daniel Gross, Esq., dated June 25, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that Tammy LaBarbera is hereby directed to file the pro se notice of appeal dated June 1, 2018 in accordance with CPL 460.10 on or before August 16, 2018, and
It is further ORDERED that the pro se notice of appeal is deemed timely on the condition that Tammy LaBarbera files the notice of appeal at the Monroe County Clerk's Office on or before August 16, 2018, and
It is further ORDERED that the pro se notice of appeal dated June 1, 2018 which inaccurately list the sentencing court as Supreme Court shall be treated as valid as to the judgment of Monroe County Court, rendered September 8, 2017 for Indictment 2016-1063B pursuant to CPL 460.10(6) on the condition defendant files the notice of appeal at the Monroe County Clerk's Office before August 16, 2018.
Entered: July 17, 2018
Mark W. Bennett, Clerk