Opinion
KA 17-01482 Indictment No: 2014-0861
10-18-2017
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MARLINDA NESMITH, ALSO KNOWN AS JANE DOE, DEFENDANT-APPELLANT.
PRESENT:
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Supreme Court, Monroe County, rendered October 24, 2016,
Now, upon reading and filing the affidavit of Marlinda Nesmith sworn to August 15, 2017, the notice of motion with proof of service thereof, the affidavit of Matthew D. Nafus, Esq. sworn to September 5, 2017, the statement of Daniel Gross, Esq. dated September 7, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and Matthew D. Nafus, Esq. is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before November 17, 2017.
Memorandum: Because the Notice of Right to Appeal form does not make clear that defendant maintained limited appellate rights despite her waiver of the right to appeal, it cannot be concluded that defendant knowingly and intelligently chose not to appeal. As a consequence, defendant's motion for an extension of time to file and serve a notice of appeal is granted.
Entered: October 18, 2017
Mark W. Bennett, Clerk