Opinion
Motion No: KA 11-01075 KA 11-01086 SCI No: 33960 Indictment No: 2008-1447D
02-10-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ROCKIE JONES, JR., ALSO KNOWN AS ROCKY JONES, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ROCKIE JONES, ALSO KNOWN AS ROCKY JONES, 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 the judgments of the Erie County Court, rendered October 12, 2010,
Now, upon reading and filing the affidavit of Andrew C. LoTempio, Esq. sworn to January 3, 2012, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated January 11, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the notice of appeal that was served upon the Erie County District Attorney on July 5, 2011 and filed at the Erie County Court's Office on July 8, 2011 is deemed timely filed and served, and
It is further ORDERED that said notice of appeal shall be treated as valid as to the judgment rendered under indictment number 2008-1447D and the judgment rendered under SCI Number 33960.
Frances E. Cafarell, Clerk