Opinion
Motion No: KA 11-01787 Indictment No: 2005-138
09-26-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SAMMY CASWELL, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendant having moved pursuant to CPL 460.30 to extend time to move for leave to appeal from an order of the Cayuga County Court, dated July 14, 2009,
Now, upon reading and filing the affidavit of Sammy Caswell sworn to July 13, 2011, 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).
Patricia L. Morgan, Clerk