| People v Caldwell, Victor H. |
| Motion No: 2024-12277 |
| Slip Opinion No: 2025 NY Slip Op 61413(U) |
| Decided on January 27, 2025 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M302401
KS/
HECTOR D. LASALLE, P.J.
CHERYL E. CHAMBERS
JANICE A. TAYLOR
CARL J. LANDICINO, JJ.
|
2024-12277 The People, etc., respondent, v Victor H. Caldwell, appellant. (Ind. Nos. 70212/2023, 117/2023)
| DECISION & ORDER ON MOTION |
Motion by Victor H. Caldwell pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Orange County, rendered October 2, 2023. Separate motion by Victor H. Caldwell for waiver of costs, fees, and expenses and for the assignment of counsel.
Upon the papers filed in support of the motion pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment and the papers filed in opposition thereto and upon the papers filed in support of the motion for waiver of costs, fees, and expenses and for the assignment of counsel and the papers filed in relation thereto, it is
ORDERED that the motion pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment is denied without prejudice to making an application for a writ of error coram nobis seeking leave to file a late notice of appeal from the judgment pursuant to People v Syville (15NY3d 391); and it is further,
ORDERED that the motion for waiver of costs, fees, and expenses and for the assignment of counsel is denied as academic.
LASALLE, P.J., CHAMBERS, TAYLOR and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court