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People v. Kirk

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 877 (N.Y. App. Div. 2000)

Opinion

February 16, 2000

Motion for permission to proceed as a poor person and for consolidation denied.

PRESENT: PINE, J. P., HAYES, BALIO AND LAWTON, JJ.


Memorandum:

The motion for poor person relief and consolidation must be denied. There is no appeal pending from the order denying the CPL article 440 motion because a notice of appeal was not timely filed in the Livingston County Clerk's Office. The Livingston County Clerk is the Clerk of Livingston County Court ( see, County Law § 525); therefore, the proper place to file the notice of appeal is with the Livingston County Clerk's Office. In order to obtain an extension of time to file a notice of appeal, defendant should make a motion pursuant to CPL 460.30.


Summaries of

People v. Kirk

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 877 (N.Y. App. Div. 2000)
Case details for

People v. Kirk

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. WESLEY KIRK…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 16, 2000

Citations

269 A.D.2d 877 (N.Y. App. Div. 2000)
703 N.Y.S.2d 799