Opinion
KA 16-00752 Indictment No: 2014-1149-2 KA 18-00527
04-11-2018
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOSE LOIZ, DEFENDANT-APPELLANT.
PRESENT:
Defendant having moved pursuant to CPL 460.10(6) to deem the notice of appeal filed on December 1, 2015 as taking an appeal from the judgment of Onondaga County Court, rendered June 2, 2016 (KA 18-00527), and for other relief,
Now, upon reading and filing the affirmation of Sara Goldfarb, Esq. dated March 9, 2018, the notice of motion with proof of service thereof, the affirmation of Victoria M. White, Esq. dated March 13, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks CPL 460.10(6) relief is denied, and
It is further ORDERED that the motion insofar as it seeks CPL 460.30 relief is dismissed as untimely, and
It is further ORDERED that the coram nobis relief is granted, and Sara Goldfarb, Esq. is hereby directed to file and serve a notice of appeal for the judgment of Onondaga County Court, rendered June 2, 2016 in accordance with CPL 460.10 on or before May 11, 2018 (See People v Syville, 15 NY 3d 391 [2010]).
Entered: April 11, 2018
Mark W. Bennett, Clerk