Opinion
Motion No: KA 14-01995
11-25-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BERNARD J. SORRENTINO, DEFENDANT-APPELLANT.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ. Indictment No: 2002-073
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Cayuga County Court dated September 30, 2014 and entered October 2, 2014,
Now, upon reading and filing the affidavit of Bernard J. Sorrentino sworn to October 28, 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: November 25, 2014
Frances E. Cafarell, Clerk