Opinion
Motion No: KA 12-01194 Indictment No: 2008-00112
07-25-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOHN E. HELTA, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Supreme Court, Erie County rendered August 29, 2011,
Now, upon reading and filing the statement of John Helta filed June 27, 2012, the notice of motion with proof of service thereof, the statement of Paul M. Michalek, Jr., Esq. dated June 29, 2012, the statement of Donna A. Milling, Esq. dated July 19, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Paul M. Michalek, Jr., Esq. timely filed and served the notice of appeal on September 22, 2011.
Frances E. Cafarell, Clerk