Opinion
KA 14-00304 KA 14-00305 Indictment No: 12-01-059
03-13-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DAVID FALLON, 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 the orders of the Ontario County Court, dated August 21, 2013,
Now, upon reading and filing the affidavit of David Fallon sworn to January 27, 2014, 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 orders 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