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People v. Lawson

Appellate Division of the Supreme Court of the State of New York
Jan 8, 2016
2016 N.Y. Slip Op. 61273 (N.Y. App. Div. 2016)

Opinion

KA 15-02088 Indictment No: 2013-0929-1

01-08-2016

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BRIAN LAWSON, 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 Onondaga County Court, dated September 8, 2015,

Now, upon reading and filing the affidavit of Brian Lawson sworn to November 10, 2015, the notice of motion with proof of service thereof, the affirmation of James P. Maxwell, Esq. dated December 18, 2015, 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).

Entered: January 8, 2016

Frances E. Cafarell, Clerk


Summaries of

People v. Lawson

Appellate Division of the Supreme Court of the State of New York
Jan 8, 2016
2016 N.Y. Slip Op. 61273 (N.Y. App. Div. 2016)
Case details for

People v. Lawson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BRIAN LAWSON…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Jan 8, 2016

Citations

2016 N.Y. Slip Op. 61273 (N.Y. App. Div. 2016)

Citing Cases

People v. Lawson

Judge: Decision Reported Below: App Div, 4th Dept: 2016 NY Slip Op 61273(U) (Onondaga)…