Opinion
Motion No: KA 11-01426 Indictment No: 2009-01907
08-09-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MARIO VAZQUEZ, 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 a judgment of the Supreme Court, Erie County rendered June 17, 2010,
Now, upon reading and filing the affidavit of Mario Vazquez sworn to July 9, 2011, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated July 21, 2011, 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 on July 13, 2011 in the Erie County Clerk's Office and served upon the District Attorney's Office on July 7, 2011 is hereby deemed timely filed and served.
Patricia L. Morgan, Clerk