| People of State of New York v Rolando Cedeno |
| Motion No: 2016-02876 WCR |
| Slip Opinion No: 2018 NY Slip Op 92238(U) |
| Decided on December 24, 2018 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Rolando Cedeno, Appellant. |
Appeal from a judgment of the City Court of Yonkers, Westchester County, rendered October 28, 2016. The judgment convicted appellant, upon his plea of guilty, of assault in the third degree. By order to show cause dated November 8, 2018, appellant was directed to show cause before this court why so much of his brief as seeks a determination on appeal with respect to judgments of the City Court of Yonkers, Westchester County, rendered October 28, 2016, convicting appellant, upon his pleas of guilty, of petit larceny (City Court docket No. 14-3660), criminal possession of a controlled substance in the seventh degree (City Court docket No. 14-4091), and attempted petit larceny (City Court docket No. 16-0711), respectively, should not be stricken on the ground that no notice of appeal was served and filed with respect to those convictions or, if so advised, to move in this court for a writ of error coram nobis for an extension of time to serve and file a notice of appeal with respect to those judgments. Separate application, in effect, by appellant, for writ of error coram nobis for an extension of time to serve and file a notice of appeal with respect to those judgments.
Upon the order to show cause, and the papers filed in support of appellant's application and the papers filed in response thereto, it is
ORDERED that appellant's application is granted and appellant's time to serve and file a notice of appeal with respect to the judgments of conviction under City Court docket Nos. 14-3660, 14-4091 and 16-0711 is extended 30 days from the date of this decision and order on motion; and it is further,
ORDERED that the motion to strike the stated portions of the appellant's brief is denied on condition that a proper notice of appeal is timely served and filed pursuant to this decision and order on motion.
ENTER:
Paul Kenny
Chief Clerk