Opinion
KA 13-00273 Indictment No: 2006-02630
03-05-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RASHAD SCISSION, ALSO KNOWN AS JABBER, 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 an order of the Erie County Court, dated January 9, 2013,
Now, upon reading and filing the affidavit of Rashad Scission sworn to February 4, 2013, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated February 14, 2013, 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).
Frances E. Cafarell, Clerk