Opinion
Motion No: KA 11-01502 Indictment No: 2003-0809-1
08-16-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. VANCE DUNLAP, 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 Supreme Court, Onondaga County dated June 18, 2010,
Now, upon reading and filing the affidavit of Vance Dunlap sworn to July 10, 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