Opinion
KA 16-01743 Indictment No: I01-199
11-02-2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LIZARDO BAEZ, DEFENDANT-APPELLANT.
PRESENT:
Defendant having moved pursuant to CPL 460.10(6) to extend the time to serve a notice of appeal from a judgment of the Oneida County Court, rendered September 24, 2001, and for other relief,
Now, upon reading and filing the affirmation of Labe M. Richman, Esq. dated September 26, 2016, the affidavit of Lizardo Baez sworn to August 25, 2016, the notice of motion with proof of service thereof, the affirmation of Steven G. Cox, Esq. dated October 25, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks CPL 460.10(6) relief is granted on the condition that Labe M. Richman, Esq. serves the notice of appeal on or before December 2, 2016, and
It is further ORDERED that the motion is otherwise dismissed as premature.
Entered: November 2, 2016
Frances E. Cafarell, Clerk