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People v. Tirado

Appellate Division of the Supreme Court of the State of New York
May 23, 2016
2016 N.Y. Slip Op. 74602 (N.Y. App. Div. 2016)

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


Summaries of

People v. Tirado

Appellate Division of the Supreme Court of the State of New York
May 23, 2016
2016 N.Y. Slip Op. 74602 (N.Y. App. Div. 2016)
Case details for

People v. Tirado

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. FRANCISCO TIRADO…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: May 23, 2016

Citations

2016 N.Y. Slip Op. 74602 (N.Y. App. Div. 2016)