Opinion
KA 16-02303 KA 16-02304 SCI No: I-16-547-15
01-25-2017
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ELOY R. TORRES, DEFENDANT-APPELLANT.
PRESENT:
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from the judgments of the Jefferson County Court, rendered June 14, 2016 and August 23, 2016,
Now, upon reading and filing the affidavit of Eloy Torres sworn to October 22, 2016, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal dated June 15, 2016 shall be treated as valid as to the judgment of Jefferson County Court, rendered June 14, 2016 under SCI number I-16-547-15, and
It is further ORDERED that the motion insofar as it seeks CPL 460.30 relief for the judgment of Jefferson County Court, rendered June 14, 2016 (KA 16-02303) is hereby dismissed as unnecessary insomuch as the notice of appeal dated June 15, 2016 was timely filed and served, and
It is further ORDERED that the motion insofar as it seeks CPL 460.30 relief for the judgment of Jefferson County Court for SCI number I-16-547-15 rendered August 23, 2016 (KA 16-02304) is granted, and John W. Hallett, Esq. is directed to file and serve a notice of appeal for said judgment in accordance with CPL 460.10 on or before February 24, 2017.
Entered: January 25, 2017
Frances E. Cafarell, Clerk