| THE PEOPLE V DARRYL FORTNER |
| Motion No: KA 18-01841 and KA 18-01844 |
| Slip Opinion No: 2018 NY Slip Op 87624(U) |
| Decided on October 26, 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 18-01841 and KA 18-01844
Indictment Nos: 2017-0255-1 and 2017-0335-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DARRYL FORTNER,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgments of the Onondaga County Court rendered January 3, 2018,
Now, upon reading and filing the affidavit of Darryl Fortner sworn to September 20, 2018, the notice of motion with proof of service thereof, the statement of Nicole K. Intschert, Esq., dated October 9, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the notice of appeal filed at the Onondaga County Clerk's Office on June 20, 2018, and served upon the Onondaga County District Attorney's Office on June 20, 2018, is hereby deemed timely filed and served.
Entered: October 26, 2018
Mark W. Bennett, Clerk