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People v. Quinones

Appellate Division of the Supreme Court of the State of New York
May 15, 2012
2012 N.Y. Slip Op. 74114 (N.Y. App. Div. 2012)

Opinion

Motion No: KA 12-00590 Indictment No: 2011-0411-1

05-15-2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LUIS QUINONES, 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 Onondaga County Court, rendered August 10, 2011,

Now, upon reading and filing the affidavit of Luis Quinones sworn to March 27, 2012, the notice of motion with proof of service thereof, the statement of Paul G. Carey, Esq. dated April 3, 2012 and the statement of James P. Maxwell, Esq. dated April 6, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and Paul Carey, Esq. is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before June 14, 2012.

Memorandum: Because the Notification and Waiver of the Right to Appeal form does not make clear that defendant maintained limited appellate rights despite his 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.

Frances E. Cafarell, Clerk


Summaries of

People v. Quinones

Appellate Division of the Supreme Court of the State of New York
May 15, 2012
2012 N.Y. Slip Op. 74114 (N.Y. App. Div. 2012)
Case details for

People v. Quinones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LUIS QUINONES…

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

Date published: May 15, 2012

Citations

2012 N.Y. Slip Op. 74114 (N.Y. App. Div. 2012)