| THE PEOPLE V TRAVIS M. SWIFT |
| Motion No: KA 18-01703 |
| Slip Opinion No: 2018 NY Slip Op 90296(U) |
| Decided on November 30, 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 18-01703
Indictment No: 2016-191
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TRAVIS M.
SWIFT, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Cayuga County Court, rendered May 9, 2017, and for other relief,
Now, upon reading and filing the affidavit of Travis Swift sworn to August 15, 2018, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks CPL 460.30 relief is dismissed as untimely, and
It is further ORDERED that the motion insofar as it seeks coram nobis relief is granted, and Travis M. Swift is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before December 28, 2018 (see People v Syville, 15 NY3d 391 [2010]).
Entered: November 30, 2018
MARK W. BENNETT, Clerk