Opinion
KA 16-01738 Indictment No: 2004-1271-1 Index No: 04-1459
11-01-2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MARSHON THOMAS, DEFENDANT-APPELLANT.
PRESENT:
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Onondaga County Court, entered August 23, 2016,
Now, upon reading and filing the affidavit of Marshon Thomas sworn to September 23, 2016, 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 1, 2016
Frances E. Cafarell, Clerk