Opinion
Motion No: KA 12-01820 Indictment No: 12-069
11-28-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOHN L. HOWARD, 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 Oneida County Court, rendered May 17, 2012,
Now, upon reading and filing the affidavit of John Howard sworn to September 24, 2012, the notice of motion with proof of service thereof, the statement of Cory A. Zennamo, Esq. dated October 9, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and Cory A. Zennamo, Esq. is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before December 28, 2012.
Memorandum: 22 NYCRR 1022.11(a) requires that the written notice of the right to appeal be given to the defendant ". . . immediately after the pronouncement of sentence." Accordingly, the notification form should be signed by defendant immediately following the pronouncement of his sentence.
Frances E. Cafarell, Clerk