THE PEOPLE V BRIAN BORDEN
Motion No: KA 18-01117
Slip Opinion No: 2019 NY Slip Op 67200(U)
Decided on March 28, 2019
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.


March 28, 2019

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 18-01117
Indictment No: 2009-143

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

BRIAN BORDEN, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from an order of the Niagara County Court dated April 16, 2018,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that, to the extent defendant seeks to appeal from the denial of his motion pursuant to CPL 440.30 (1-a), the motion is granted, and Brian Borden is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before April 24, 2019.

Entered: March 28, 2019

Mark W. Bennett, Clerk