Opinion
KA 13-01724 Indictment No: 0085-1987
03-17-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. WILLIAM L. JOHNSON, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved pursuant to CPL 460.30 to extend the time to move for reargument of the order of this Court dated December 13, 2013,
Now, upon reading and filing the affidavit of William L. Johnson sworn to February 24, 2014, 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 dated December 13, 2013 with notice of entry, there is no basis upon which to conclude that the time to make an application seeking reargument relief has begun to run or that the relief sought is necessary (see 22 NYCRR 1000.13 [p] [1]).
Frances E. Cafarell, Clerk