Opinion
KA 18-00411 Indictment No: 2016-0926-1
04-12-2018
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. PERRY TOLBERT, DEFENDANT-APPELLANT.
PRESENT:
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Onondaga County Court, rendered July 7, 2017,
Now, upon reading and filing the statement of Perry Tolbert filed March 1, 2018, the notice of motion with proof of service thereof, the statement of James P. Maxwell, Esq. dated March 15, 2018, the statement of Adam C. Eggleston, Esq. dated April 5, 2018, 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 Onondaga County Clerk's Office on August 10, 2017 and served on the Onondaga County District Attorney on August 4, 2017 is hereby deemed timely filed and served, and
It is further ORDERED that the notice of appeal dated August 3, 2017 which inaccurately list the sentencing court as Cayuga County Court and the Indictment Number as 16-1108, shall be treated as valid as to the judgment of Onondaga County Court, rendered July 7, 2017 for Indictment 2016-0926-1 pursuant to CPL 460.10(6).
Entered: April 12, 2018
Mark W. Bennett, Clerk