Opinion
Motion No: KA 11-01064 Indictment No: 10-329
01-09-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BRIAN BROWN, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Oneida County Court, rendered March 24, 2011, and for other relief,
Now, upon reading and filing the affirmation of Jeremy D. Alexander, Esq. dated December 11, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that appellant perfect the appeal on or before April 9, 2013, and in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion is otherwise denied.
Memorandum: Upon the perfection of the appeal, defendant may serve a five day written demand for the exhibits or a subpoena duces tecum for the exhibits issued in accordance with the CPLR article 23, with proof of service thereof (see 22 NYCRR 1000.4[g][3]).
Frances E. Cafarell, Clerk