| People v Rivas, Julio C. |
| Motion No: 2018-10210 |
| Slip Opinion No: 2018 NY Slip Op 86269(U) |
| Decided on October 16, 2018 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M256419
E/mm
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2018-10210 The People, etc., respondent, v Julio C. Rivas, appellant.
(Ind. No. 909/17)
| DECISION & ORDER ON MOTION |
Motion by Julio C. Rivas pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered August 1, 2017, or, in the alternative, pursuant to People v Syville (15 NY3d 391) for a writ of error coram nobis on the ground that his trial counsel was ineffective in failing to file a timely notice of appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is pursuant to CPL 460.30 to extend the time to take the appeal is granted, and the moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the motion is otherwise denied as academic.
BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court