Opinion
Motion No. KA 23-00376 Indictment No. 17-92A
04-10-2023
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. KNOWLEDGE COUSER, DEFENDANT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Wayne County Court, dated September 23, 2022, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: The People concede that defendant was not served with the order denying his CPL 440.10 motion, and thus his 30-day period in which to file his application for leave to appeal to this Court has not expired (see CPL 460.10 [4][a]).