Opinion
Motion No: KA 12-00309 Indictment No: 2002-186
02-28-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DARWIN GUTIERREZ, 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 the Niagara County Court, dated December 22, 2011,
Now, upon reading and filing the affidavit of Carl H. Dobozin, Esq. sworn to February 8, 2012 and the statement of Carl H. Dobozin, Esq. dated February 24, 2012, 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).
Frances E. Cafarell, Clerk