AD3: Decisions for March 8 & 15, 2007

All's quiet in Albany. Two decision packets, one notable decision.

People v Mccloud, 2007 NY Slip Op 10991 [available here]

Defendant appealed from an Order served on him March 30, 2006. Instead of filing a regular notice of appeal, the defendant asked the Third Department directly for permission to appeal. This request was made on April 24, 2006, i.e. within the 30 day period to file a notice of appeal. (Mccloud, 2007 NY Slip Op 01991.) The Third Department denied his request "because he was entitled to take an appeal as a matter of right." (Id. at __.) But by now defendant's time to file a notice of appeal had expired, and his notice of appeal was not filed until May 15, 2006. The Third Department allowed the appeal; "[u]nder the unusual circumstances of this case, we will deem defendant's motion for leave to appeal as a notice of appeal." (Id. at __.)