Opinion
KA 16-00765 Indictment No: 2008-01325
05-23-2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. FRANCISCO TIRADO, 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 Supreme Court, Erie County, dated March 11, 2016,
Now, upon reading and filing the affidavit of Francisco Tirado sworn to April 7, 2016, the notice of motion with proof of service thereof, statement of Michael J. Hillery, Esq. dated May 11, 2016, 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: May 23, 2016
Frances E. Cafarell, Clerk