Opinion
KA 16-00784 Indictment No: 2015-1306X SCI No: 40492
11-23-2016
PRESENT:
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Erie County Court, rendered December 10, 2015,
Now, upon reading and filing the affidavit of Amanda Snyder sworn to October 7, 2016, the notice of motion with proof of service thereof, the statement of Michael J. Hillery, Esq. dated November 9, 2016 and the affidavit of Frank LoTempio, III, Esq. sworn to November 15, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that Amanda Snyder is hereby directed to serve the pro se notice of appeal dated December 18, 2015 in accordance with CPL 460.10 on or before December 23, 2016, and
It is further ORDERED that the notice of appeal is deemed timely on the condition that defendant serves the pro se notice of appeal upon the District Attorney on or before December 23, 2016.
Entered: November 23, 2016
Frances E. Cafarell, Clerk