| THE PEOPLE V BRIAN BAXTER, JR. |
| Motion No: KA 18-01412 |
| Slip Opinion No: 2018 NY Slip Op 83548(U) |
| Decided on September 10, 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 18-01412
Indictment No: 2015-0174
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BRIAN BAXTER,
JR., DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Supreme Court, Monroe County, rendered January 27, 2016,
Now, upon reading and filing the affirmation of Teodoro X. Siguenza, Esq., filed August 2, 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 dismissed as untimely, and
It is further ORDERED that defendant is afforded coram nobis relief and Teodoro X. Siguenza, Esq., is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before October 10, 2018 (see People v Syville, 15 NY3d 391 [2010]).
Entered: September 10, 2018
Mark W. Bennett, Clerk