Opinion
KA 17-01575 Indictment No: 2012-2532
10-19-2017
PRESENT:
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Supreme Court, Erie County, entered June 27, 2013, and for other relief,
Now, upon reading and filing the affidavit of Carlos Morales Alvarez sworn to August 17, 2017, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated October 3, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks CPL 460.30 relief is dismissed as untimely, and
It is further ORDERED that the motion is otherwise dismissed as academic.
Entered: October 19, 2017
Mark W. Bennett, Clerk