THE PEOPLE V ROBERT SMITH THE PEOPLE V ROBERT L. SMITH SCI No: 41731
Motion No: KA 17-02052
Slip Opinion No: 2018 NY Slip Op 78802(U)
Decided on July 25, 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.


July 25, 2018

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

KA 17-02052
Indictment No: 2016-0388
KA 17-02053
Indictment No: 2016-1993 and

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ROBERT SMITH, DEFENDANT-APPELLANT.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ROBERT L. SMITH, DEFENDANT-APPELLANT.

SCI No: 41731


Defendant having moved to amend the order of this Court entered January 17, 2018 granting an extension of time pursuant to CPL 460.30, to file a late notice of appeal,

Now, upon reading and filing the affidavit of Robert Smith sworn to May 29, 2018, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered January 17, 2018 is hereby amended by striking therefrom the date February 16, 2018 and inserting in place thereof the date August 24, 2018.

Entered: July 25, 2018

mark w. bennett, Clerk