Opinion
Motion No: 2018-02324 DCR
02-13-2019
The People of the State of New York, Plaintiff, v. Christine M. Vogt, Defendant.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
Motion by defendant, pursuant to CPL 460.30, for an extension of time to file a notice of appeal from a judgment of conviction of the Justice Court of the Town of Milan, Dutchess County, rendered March 13, 2018.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is denied.
Inasmuch as defendant's attorney claims that a timely notice of appeal was filed in the Justice Court but that the appeal was mistakenly taken to the Dutchess County Court, defendant's remedy is either to move in the Justice Court to amend the notice of appeal to state that the appeal is taken to this court or to move in the Dutchess County Court to transfer the appeal to this court.
ENTER:
Paul Kenny
Chief Clerk