Opinion
Motion No: KA 10-02371 Indictment No: 2009-1663
11-18-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. QUENTIN L. VIRGIL, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendant having moved to extend the time to take an appeal from a judgment of the Supreme Court, Erie County rendered October 19, 2009,
Now, upon reading and filing the affidavit of Quentin Virgil sworn to October 17, 2011, the notice of motion with proof of service thereof, the statement of Donna S. Milling, Esq. dated November 1, 2011, the order of this Court entered January 5, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that notice of appeal served upon the Erie County District Attorney on January 12, 2011 and filed at the Erie County Clerk's Office on February 9, 2011, is deemed timely (see People v Sher, 35 NY2d 310).
Patricia L. Morgan, Clerk