Opinion
Motion No: KA 11-01618 KA 11-01619 KA 11-001620 Indictment Nos: 2009-01771
09-13-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RAFIQ J. SALIM, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from the orders of Erie County Court dated October 5, 2010, May 10, 2011, and June 28, 2011,
Now, upon reading and filing the affidavit of Rafiq J. Salim sworn to August 10, 2011, 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 orders 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).
Patricia l. morgan, Clerk