Opinion
Motion No: KA 15-00307 Indictment No: 2008-356
03-10-2015
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JEFFREY ERLE, DEFENDANT-APPELLANT.
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, 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 May 29, 2012,
Now, upon reading and filing the affidavit of Jeffrey P. Erle sworn to January 12, 2015, 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).
Entered: March 10, 2015
Frances E. Cafarell, Clerk