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People v. Banks

Appellate Division of the Supreme Court of the State of New York
Mar 7, 2012
2012 N.Y. Slip Op. 66580 (N.Y. App. Div. 2012)

Opinion

Motion No: KA 12-00219 Indictment No: 2007-545

03-07-2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RODNEY BANKS, DEFENDANT-APPELLANT.


PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Niagara County Court, dated August 19, 2011,

Now, upon reading and filing the affidavit of Rodney Banks sworn to January 9, 2012, the notice of motion with proof of service thereof, 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).

Frances E. Cafarell, Clerk


Summaries of

People v. Banks

Appellate Division of the Supreme Court of the State of New York
Mar 7, 2012
2012 N.Y. Slip Op. 66580 (N.Y. App. Div. 2012)
Case details for

People v. Banks

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RODNEY BANKS…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Mar 7, 2012

Citations

2012 N.Y. Slip Op. 66580 (N.Y. App. Div. 2012)