Opinion
KA 15-01102 Indictment No: 2006-01339
07-27-2015
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOHN HENRY MONK, DEFENDANT-APPELLANT.
PRESENT:
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of Supreme Court, Erie County, dated March 15, 2011,
Now, upon reading and filing the affidavit of John Henry Monk sworn to June 5, 2015, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated July 2, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Absent proof that the People served defendant with a copy of the order sought to be appealed, there is no basis upon which to conclude that the time to make an application pursuant to CPL 460.15 has begun to run or that the relief sought is necessary (see CPL 460.10[4][a]; People v Washington, 86 NY2d 853).
Entered: July 27, 2015
Frances E. Cafarell, Clerk