Opinion
KA 18-01375 Indictment No: 2014-1273
08-23-2018
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANTHONY HOLMES, ALSO KNOWN AS TONY HOLMES, DEFENDANT-APPELLANT.
PRESENT:
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Monroe County Court entered January 4, 2018,
Now, upon reading and filing the affidavit of Anthony Holmes sworn to July 18, 2018, 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 853,854 [1995]).
Entered: August 23, 2018
Mark W. Bennett, Clerk