Opinion
Motion No: KA 11-01733 Indictment No: I10-186
09-12-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RACHAEL DURODOYE, DEFENDANT-APPELLANT.
PRESENT: SCUDDER, 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 September 8, 2010,
Now, upon reading and filing the affidavit of Rachael Durodoye sworn to August 19, 2011, the notice of motion with proof of service thereof, the letter of Devin B. Garramone, Esq. dated August 30, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and Devin B. Garramone, Esq. is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before October 12, 2011.
Memorandum: Because the requirement of 22 NYCRR 1022.11(a) that written notice of the right to appeal be given to the defendant immediately after the pronouncement of sentence was not followed in this case, defendant's motion for CPL 460.30 relief must be granted.
Patricia L. Morgan, Clerk