Opinion
Motion No: KA 14-02057
12-17-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CLEOPHIS HARRIS, DEFENDANT-APPELLANT.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ. Indictment No: 13-405
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Chautauqua County Court, rendered July 14, 2014,
Now, upon reading and filing the affidavit of Cleophis Harris sworn to November 13, 2014, the notice of motion with proof of service thereof, the affidavit of Patrick E. Swanson, Esq. sworn to December 5, 2014, and the statement of Kelly K. Drago, Esq. dated December 2, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the notice of appeal filed at the Chautauqua County Clerk's Office on September 17, 2014 and served upon the Chautauqua County District Attorney's Office on September 15, 2014 is hereby deemed timely filed and served.
Entered: December 17, 2014
Frances E. Cafarell, Clerk