Opinion
Motion No: KA 11-01423 Indictment No: 2008-0859
12-06-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. QUENTIN A. NOWLIN, 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 a judgment of the Monroe County Court, rendered October 15, 2010,
Now, upon reading and filing the affidavit of Quentin A. Nowlin sworn to November 8, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the notice of appeal filed at the Monroe County Clerk's Office on September 9, 2011 and served upon the Monroe County District Attorney on August 19, 2011 is hereby deemed timely filed and served (see People v Sher, 35 NY2d 310) and,
It is further ORDERED that pursuant to CPL 460.10 (6), said notice of appeal shall be treated as a valid instrument as to the judgment rendered October 15, 2010 under indictment number 2008-0859.
Patricia L. Morgan, Clerk