Opinion
Motion No: NO. KA 14-02285
01-27-2015
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANDRE L. SCOTT, DEFENDANT-APPELLANT. Indictment No: 5299
PRESENT: , 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 Genesee County Court, dated October 30, 2014,
Now, upon reading and filing the affidavit of Andre L. Scott sworn to December 16, 2014, 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 27, 2015
Frances E. Cafarell, Clerk