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People v. Pierce

Appellate Division of the Supreme Court of the State of New York
Dec 7, 2015
2015 N.Y. Slip Op. 93080 (N.Y. App. Div. 2015)

Opinion

KA 15-00940 Indictment No: 2014-1049 SCI No.: 39132

12-07-2015

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MARCELLUS J. PIERCE, DEFENDANT-APPELLANT.


PRESENT:

Defendant having moved pursuant to CPL 460.30 to extend time to take an appeal from a judgment of the Erie County Court, rendered September 16, 2014,

Now, upon reading and filing the affirmation of Frank M. Bogulski, Esq. dated October 14, 2015, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated November 20, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as untimely, and

It is further ORDERED that defendant is afforded coram nobis relief, and the notice of appeal filed at the Erie County Clerk's Office on October 14, 2015 and served upon the Erie County District Attorney's Office on September 30, 2014 is hereby deemed timely filed and served (see People v Syville, 15 NY3d 391).

Memorandum: Pursuant to County Law § 525 (1), the County Clerk is the clerk of the court for both Supreme and County courts.

Entered: December 7, 2015

Frances E. Cafarell, Clerk


Summaries of

People v. Pierce

Appellate Division of the Supreme Court of the State of New York
Dec 7, 2015
2015 N.Y. Slip Op. 93080 (N.Y. App. Div. 2015)
Case details for

People v. Pierce

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MARCELLUS J. PIERCE…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Dec 7, 2015

Citations

2015 N.Y. Slip Op. 93080 (N.Y. App. Div. 2015)