Opinion
KA 13-01789 Indictment No: 08-172
10-28-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BRYON D. DRENNAN, 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 Wayne County Court, dated July 10, 2013,
Now, upon reading and filing the affidavit of Bryon Drennan, Sr., sworn to October 1, 2013, the notice of motion with proof of service thereof, the statement of Richard M. Healy, Esq. dated October 15, 2013, 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