Opinion
KA 10-00738 SCI No: 2009-0275 KA 10-00739 SCI No: 2009-0674B
11-28-2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DERRICK JOHNSON, DEFENDANT-APPELLANT.
PRESENT:
Defendant having moved to amend his prior motion seeking an extension of time pursuant to CPL 460.30, to file and serve a late notice of appeal,
Now, upon reading and filing the affidavit of Derrick Johnson sworn to October 31, 2016, the notice of motion with proof of service thereof, the statement of Daniel Gross, Esq. dated November 22, 2016, the affirmation of Barbara E. Farrell, Esq. dated November 22, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as moot.
Entered: November 28, 2016
Frances E. Cafarell, Clerk