Opinion
KA 14-00284 Indictment No: 86-017
04-09-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. WILLIAM J. BARNES, 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 April 18, 2013,
Now, upon reading and filing the affidavit of William J. Barnes, Jr. sworn to February 10, 2014, the notice of motion with proof of service thereof, the statement of Thomas H. Brandt, Esq. dated February 21, 2014, and the statement of William J. Barnes, Jr. dated February 25, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Absent proof of an affidavit of service establishing that the People served defendant with written notice of entry and a copy of the order being 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