Opinion
KA 18-02229 Indictment No: 4723-2003
01-11-2019
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MIKE FELIX, DEFENDANT-APPELLANT.
PRESENT:
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from an order of the Supreme Court, Erie County, entered November 24, 2017,
Now, upon reading and filing the affirmation of William B. Licata, Esq., dated November 19, 2018, the notice of motion with proof of service thereof, the affidavit of Donna A. Milling, Esq., sworn to November 27, 2018, the affirmation of William B. Licata, Esq., dated November 30, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: An appeal under Sexual Offender Registration Act is governed by CPLR articles 55, 56 and 57 (see Correction Law § 168-n [3]), and, therefore, CPL 460.30 is not applicable. The time to take an appeal begins to run after the order is served on the appellant with written notice of its entry (see CPLR 5513 [a]; Correction Law § 168-n). In the absence of proof that the People served defendant with a copy of the order with written notice of its entry, there is no basis upon which to conclude that the time to take an appeal has begun to run.
Entered: January 11, 2019
Mark W. Bennett, Clerk