| People v Greene, Roberto |
| Motion No: 2020-09172 |
| Slip Opinion No: 2022 NY Slip Op 70913(U) |
| Decided on August 29, 2022 |
| 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
M284669
MB/
ROBERT J. MILLER, J.P.
LINDA CHRISTOPHER
PAUL WOOTEN
HELEN VOUTSINAS, JJ.
|
2020-09172 The People, etc., respondent, v Roberto Greene, appellant. (Ind. No. 6595/1983)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Kings County, rendered October 7, 2020. Motion by the respondent to dismiss the appeal for failure to file a timely notice of appeal. Motion by the appellant, in effect, pursuant to CPL 460.30 to deem the notice of appeal from the judgment to be timely served and filed.
Upon the papers filed in support of the motion to dismiss the appeal and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion, in effect, pursuant to CPL 460.30 to deem the notice of appeal from the judgment to be timely served and filed and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the motion, in effect, pursuant to CPL 460.30 to deem the notice of appeal from the judgment to be timely served and filed is denied as unnecessary as the notice of appeal was timely served and filed (see Brash v Richards, 195 AD3d 582).
MILLER, J.P., CHRISTOPHER, WOOTEN and VOUTSINAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court