Opinion
Motion No: 105799
05-23-2013
THE PEOPLE OF THE STATE OF NEW YORK v. WILLIAM ROYSTER, Defendant.
DECISION AND ORDER ON MOTION
Motion for extension of time to move, pursuant to CPL 460.15, for permission to appeal to this Court or for alternative relief.
Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied as unnecessary on the ground that the time period for filing a motion pursuant to CPL 460.15 for permission to appeal to this Court from the denial of a CPL 440.10 motion must be made "[w]ithin 30 days after service upon the defendant of a copy of the order sought to be appealed" (CPL 460.10 [4] [a]), and there is no evidence that defendant was served by the People with a copy of such order.
PETERS, P.J., ROSE, STEIN and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court