Opinion
KA 18-00364 Indictment No: 2016-404 KA 18-00365 Indictment No: 2017-171 KA 18-00357 KA 18-00358 Indictment No: 2017-1697 Indictment No: 5951 SCI No: 42778
04-10-2018
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DENNIS T. SMITH, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DENNIS T. SMITH, ALSO KNOWN AS, DENNIS THOMAS SMITH, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DENNIS SMITH, DEFENDANT-APPELLANT.
PRESENT:
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Supreme Court, Niagara County, rendered August 1, 2017 (KA 18-00364), a judgment of Supreme Court, Niagara County, rendered August 1, 2017 (KA 18-00365), a judgment of Genesee County Court, rendered August 3, 2017 (KA 18-00357) and a judgment of Erie County Court, rendered November 27, 2017 (KA 18-00358),
Now, upon reading and filing the affidavit of Dennis Smith sworn to January 31, 2018, the notice of motion with proof of service thereof, the affirmation of Shirley A. Gorman, Esq. dated February 15, 2018, the statement of Frederick M. Rarick, Esq. dated March 13, 2018, the affirmation of Jon Allon Nichols, Esq. dated March 12, 2018 and the statement of Donna A. Milling, Esq. dated March 9, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks CPL 460.30 relief for the judgment of Erie County Court is denied, and
It is further ORDERED that the motion is otherwise granted and Dennis T. Smith
is hereby directed to file and serve a notice of appeal for the judgments of Niagara County and Genesee County in accordance with CPL 460.10 on or before May 10, 2018.
Entered: April 10, 2018
Mark W. Bennett, Clerk