Opinion
KA 13-01626 Indictment No: 09-0766
10-17-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SHAWN T. GRANT, 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 Supreme Court, Monroe County entered July 1, 2013,
Now, upon reading and filing the affidavit of Shawn T. Grant sworn to August 30, 2013, the notice of motion with proof of service thereof, the statement of Geoffrey Kaeuper, Esq. dated September 16, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Absent proof of an affidavit of service establishing that the People served defendant with written notice of entry and a copy of the order being 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