Opinion
Motion No: KA 12-01938 Indictment No: 11-017
11-05-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LEON R. BIENKOWSKI, 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 Herkimer County Court, rendered July 11, 2011,
Now, upon reading and filing the affidavit of Leon R. Bienkowski sworn to October 9, 2012, the notice of motion with proof of service thereof, the statement of Robert R. Calli, Jr., Esq. dated October 25, 2012, the affirmation of Timothy A. Roulan, Esq. dated October 28, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely.
Frances E. Cafarell, Clerk