Opinion
KA 13-02245 Indictment No: 2012-0544
09-22-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. GARLAND BARR, DEFENDANT-APPELLANT.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendant having moved to amend the order of this Court entered February 21, 2014, granting an extension of time pursuant to CPL 460.30 to file and serve a late notice of appeal,
Now, upon reading and filing the affidavit of Garland Barr sworn to August 13, 2014, the notice of motion with proof of service thereof, the statements of Stephen X. O'Brien, Esq. dated September 5, 2014 and September 15, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the pro se notice of appeal dated February 11, 2014, which was served upon the Monroe County District Attorney on February 19, 2014 and filed at the Monroe County Clerk's Office on June 4, 2014 is hereby deemed timely filed and served.
Entered: September 22, 2014
Frances E. Cafarell, Clerk