People v. Brown

Full title: THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. COREY BROWN…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Apr 25, 2017

2017 N.Y. Slip Op. 72006 (N.Y. App. Div. 2017)

Opinion

KA 17-00642 Indictment No: 2015-0871-1

04-25-2017

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. COREY BROWN, DEFENDANT-APPELLANT.

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

PRESENT:

Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Supreme Court, Onondaga County, rendered May 16, 2016,

Now, upon reading and filing the affidavit of Corey Brown sworn to March 14, 2017, the notice of motion with proof of service thereof, the statement of James P. Maxwell, Esq. dated April 7, 2017, the statement of Kenneth M. Moynihan, Esq. dated April 12, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the notice of appeal dated May 27, 2016 which inaccurately lists Onondaga County Court, shall be treated as valid as to the judgment of Supreme Court, Onondaga County, rendered May 16, 2016 for indictment number 2015-0871-1 pursuant to CPL 460.10 (6), and

It is further ORDERED that the motion is dismissed as unnecessary.

Memorandum: Kenneth M. Moynihan, Esq. timely filed and served the notice of appeal on May 31, 2016.

Entered: April 25, 2017

Frances E. Cafarell, Clerk