Opinion
Motion No: KA 11-01894 Indictment No: 09-0464-1
10-14-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOSEPH SPARCINO, 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 permission to appeal from an order of the Onondaga County Court, dated July 15, 2011,
Now, upon reading and filing the affidavit of Joseph Sparcino sworn to August 31, 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 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).
Patricia L. Morgan, Clerk