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

KA 19-01089
Indictment No: 2017-1127-1

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ANDREW MADDISON, DEFENDANT-APPELLANT.

Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Onondaga County Court, rendered May 21, 2018, and this Court having remitted the matter for a hearing pursuant to CPL 460.30 [5] by order entered August 29, 2019,

Now, upon receipt of the report of County Court, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the defendant is directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before December 26, 2019.

Memorandum: Where a criminal action or proceeding has resulted in conviction, "immediately after the pronouncement of sentence," counsel for defendant is required, among other things, to advise defendant "in writing of the right to appeal" and "ascertain whether defendant wishes to appeal" (22 NYCRR 1015.7 [a]). It is undisputed that counsel did not fulfill those requirements here. Based on the facts established at the hearing pursuant to CPL 460.30 (5), we conclude that defendant's failure to file a timely notice of appeal "resulted from" that "improper conduct" by counsel (CPL 460.30 [1] [a]). The motion to extend the time to file and serve a notice of appeal is therefore granted.

Entered: November 25, 2019

Mark W. Bennett

Clerk of the Court