Opinion
KA 10-00859 Indictment No: 2004-0485
07-23-2015
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. GERALD ADGER, DEFENDANT-APPELLANT.
PRESENT:
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Monroe County Court, rendered July 27, 2005,
Now, upon reading and filing the affidavit of Gerald Adger sworn to May 21, 2015, the notice of motion with proof of service thereof, the statement of Daniel Gross, Esq. dated June 22, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks CPL 460.30 relief is dismissed as untimely, and
It is further ORDERED that defendant is granted CPL 460.10(6) relief on the condition that he serves the notice of appeal dated July 27, 2005 upon the Monroe County District Attorney's office on or before August 21, 2015, and
It is further ORDERED that if said notice of appeal is timely served, the notice, which inaccurately lists the judgment rendered date as June 21, 2005, shall be treated as valid as to the judgment rendered July 27, 2005, pursuant to CPL 460.10(6).
Entered: July 23, 2015
Frances E. Cafarell, Clerk