Opinion
KA 17-01388 Indictment No: 91-V89
08-31-2017
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. GLEN VANNORSTRAND, 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 Wayne County Court, dated March 20, 2017,
Now, upon reading and filing the affidavit of Glenn VanNorstrand sworn to July 20, 2017, 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: August 31, 2017
Frances E. Cafarell, Clerk