Opinion
KA 14-00400 SCI No: 11-100
04-09-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. EUGENE P. TOTTEN, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from an order of the Allegany County Court, entered March 6, 2014,
Now, upon reading and filing the affidavit of Eugene Totten sworn to February 27, 2014, 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: Because an appeal under SORA is governed by CPLR articles 55, 56 and 57 (see Correction Law § 168-n), CPL 460.30 has no application. Absent proof that either party served the order entered March 6, 2014 with written notice of entry, there is no basis upon which to conclude that the time to take an appeal has begun to run (see CPLR 5513[a]; Correction Law §168-n). Furthermore, where counsel has been assigned to represent the sex offender upon the ground that the sex offender is financially unable to retain counsel, that assignment shall be continued throughout the pendency of the appeal, and the person may appeal as a poor person pursuant to article eighteen-B of the County Law (Correction Law § 168-n [3]).
Frances E. Cafarell, Clerk