Opinion
KA 16-00035 Indictment No: 1994-0777A
01-28-2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JULIO NIEVES, 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 May 5, 2015,
Now, upon reading and filing the affidavit of Julio Angel Nieves sworn to January 4, 2016, 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).
Entered: January 28, 2016
Frances E. Cafarell, Clerk