| People v Giordano, Devin A. |
| Motion No: 2017-04947 |
| Slip Opinion No: 2019 NY Slip Op 72266(U) |
| Decided on June 10, 2019 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M262853
V/mm
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
FRANCESCA E. CONNOLLY, JJ.
|
2017-04947 The People, etc., respondent, v Devin A. Giordano, appellant. (Ind. No. 14-00526)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, in effect, to hold in abeyance an appeal from a judgment of the County Court, Orange County, rendered March 31, 2017, pending determination by that court of his motion pursuant to CPL 440, and to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to hold the appeal in abeyance is denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, the appellant's time to perfect the appeal is extended, and the appellant shall prosecute the appeal expeditiously in accordance with this Court's rules and written directions; and it is further,
ORDERED that the motion is otherwise denied as premature.
BALKIN, J.P., ROMAN, COHEN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court