| THE PEOPLE V LAMAR M. PACE |
| Motion No: KA 18-01053 |
| Slip Opinion No: 2018 NY Slip Op 79579(U) |
| Decided on July 27, 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 18-01053
Indictment No: 2016-0434
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V LAMAR M. PACE,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Supreme Court, Monroe County, rendered May 5, 2017,
Now, upon reading and filing the affidavit of Lamar Pace, sworn to May 9, 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 the pro se notice of appeal filed at the Monroe County Clerk's Office on June 18, 2018 and served on the Monroe County District Attorney on May 29, 2018 is hereby deemed timely filed and served, and
It is further ORDERED that the pro se notice of appeal dated May 9, 2018 which inaccurately lists the Indictment Number as 17040218 shall be treated as valid as to the judgment of Supreme Court, Monroe County, rendered May 5, 2017 for Indictment 2016-0434 pursuant to CPL 460.10(6).
Entered: July 27, 2018
MARK W. BENNETT, Clerk