Opinion
KA 17-01272 Indictment No: 2015-0496
08-24-2017
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MICHAEL A. UPDAW, DEFENDANT-APPELLANT.
PRESENT:
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of Monroe County Court, rendered May 5, 2016, and for other relief,
Now, upon reading and filing the affidavit of Michael A. Updaw sworn to June 28, 2017, the notice of motion with proof of service thereof, the affidavit of Mark A. Foti, Esq. sworn to August 4, 2017, the statement of Daniel Gross, Esq. dated August 4, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks CPL 460.30 relief is dismissed as untimely, and
It is further ORDERED that the motion insofar as it seeks coram nobis relief is granted, and Mark A. Foti, Esq. is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before September 22, 2017 (see People v Syville, 15 NY3d 391 [2010]).
Entered: August 24, 2017
Frances E. Cafarell, Clerk