Opinion
KA 15-00263 Indictment No: 2013-00395
03-26-2015
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DERRICK L. PERSON, DEFENDANT-APPELLANT.
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Defendant having moved pursuant to CPL 460.10(6) to extend the time to serve a notice of appeal from a judgment of Supreme Court, Erie County rendered August 4, 2014,
Now, upon reading and filing the affidavit of E. Carey Cantwell, Esq. sworn to March 9, 2015, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated March 11, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the notice of appeal served upon the Erie County District Attorney on February 9, 2015 is hereby deemed timely served.
Entered: March 26, 2015
Frances E. Cafarell, Clerk