Opinion
Motion No: KA 11-01950 Indictment No: I10-376
10-17-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JEFFREY CULLUM, 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 Oneida County Court, rendered January 24, 2011,
Now, upon reading and filing the affidavit of Jeffrey Cullum sworn to September 8, 2011, the notice of motion with proof of service thereof, the affirmation of Robert R. Reittinger, Esq. dated October 3, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Frank J. Nebush, Jr., Esq. timely filed and served a notice of appeal on February 17, 2011.
Patricia L. Morgan, Clerk