Opinion
Motion No: KA 11-01976 Indictment No: 08-148 08-298 08-513
10-19-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TYRONE L. HALL, 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 Chautauqua County Court, dated August 15, 2011,
Now, upon reading and filing the statement of Tyrone L. Hall dated September 13, 2011, 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).
Patricia L. Morgan, Clerk