Opinion
Motion No. 2023-02722 Ind. Nos. 70003/200754/2007
11-13-2023
The People, etc., plaintiff, v. Juan Bernardez, defendant.
Unpublished Opinion
MOTION DECISION
HECTOR D. LASALLE, P.J. CHERYL E. CHAMBERS LINDA CHRISTOPHER JANICE A. TAYLOR, JJ.
DECISION & ORDER ON MOTION
Motion by Juan Bernardez pursuant to CPL 460.30 for an extension of time to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated January 25, 2023, issued pursuant to CPL 440.47, or, in effect, for an extension of time to take an appeal from the order.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is pursuant to CPL 460.30 for an extension of time to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order is denied as unnecessary as the order is appealable as of right (see CPL 440.47[3]); and it is further, ORDERED that the branch of the motion which is pursuant to CPL 460.30 for an extension of time to take an appeal from the order is granted, and the moving papers are deemed to constitute a timely notice of appeal.
LASALLE, P.J., CHAMBERS, CHRISTOPHER and TAYLOR, JJ., concur.