| People of State of New York v Kim L. Jackson |
| Motion No: 2016-02855 DCR |
| Slip Opinion No: 2019 NY Slip Op 64080(U) |
| Decided on February 15, 2019 |
| 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
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Kim L. Jackson, Appellant. |
Appeal from a judgment of conviction of the City Court of Beacon, Dutchess County, rendered September 7, 2016. By order to show cause dated December 10, 2018, defendant was directed to show cause why the appeal should not be dismissed on the ground that the appeal was not properly taken in that no affidavit of errors was filed in compliance with CPL 460.10 (3) (a), or, if so advised, to make a motion in this court for a writ of error coram nobis for an extension of time to file an affidavit of errors. Appellant has now, in effect, applied for a writ of error coram nobis extending his time to file an affidavit of errors.
Upon the order to show cause, and upon the papers filed in support of appellant's application, in effect, for a writ of error coram nobis and no papers having been filed in opposition thereto, it is
ORDERED that appellant's application and the motion to dismiss are consolidated for the purposes of disposition; and it is further,
ORDERED that the application is granted and appellant's time to file an affidavit of errors is extended 30 days from the date of this decision and order on motion (see People v Smith, 2016 NY Slip Op 83072[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]); and it is further,
ORDERED that the motion to dismiss the appeal is held in abeyance in the interim.
ENTER:
Paul Kenny
Chief Clerk