Opinion
Motion No: KA 14-01813
11-06-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SAMMY SWIFT, DEFENDANT-APPELLANT.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ. Indictment No: 94-91
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 12, 2014 and entered September 23, 2014, and for other relief,
Now, upon reading and filing the affidavit of Sammy L. Swift sworn to October 6, 2014, the notice of motion with proof of service thereof, the statement of Nate Garland, Esq. dated October 30, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time is dismissed as unnecessary, and
It is further ORDERED that the motion is otherwise dismissed as premature.
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 6, 2014
Frances E. Cafarell, Clerk