Opinion
Motion No: KA 11-01541 AND KA 11-01542 10-405 Indictment Nos: 10-317
08-24-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SAMUEL D. SMITH, 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 Oneida County Court, rendered November 15, 2010 and February 18, 2011,
Now, upon reading and filing the affidavit of Samuel Smith sworn to July 25, 2011, the notice of motion with proof of service thereof, the affirmation of Robert R. Reittinger, Esq. dated August 11, 2011, the affirmation of Onofrio J. Puleo, Esq. dated August 15, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion in so far as it seeks to extend the time to take an appeal from the judgment of Oneida County Court rendered February 18, 2011 is granted, and, OnoFrio J. Puleo, Esq. is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before September 23, 2011, and
It is further ORDERED that the motion is otherwise denied.
Patricia L. Morgan, Clerk