Opinion
KA 19-00024 Indictment No: 2017-0226-2
01-28-2019
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JAUQWELL FLAGG, 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, Onondaga County, entered September 5, 2018,
Now, upon reading and filing the affidavit of Jauqwell Flagg sworn to December 8, 2018, the notice of motion with proof of service thereof, the statement of Kenneth H. Tyler, Jr., Esq., dated January 14, 2019, 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 28, 2019
Mark W. Bennett, Clerk