Opinion
Motion No: KA 14-01630 Indictment No: 10C-042
10-08-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JASON VOTRA, DEFENDANT-APPELLANT.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Oswego County Court, dated June 25, 2014,
Now, upon reading and filing the affidavit of Jason Votra sworn to August 26, 2014, the notice of motion with proof of service thereof, the statement of Courtney E. Pettit, Esq. dated September 24, 2014, 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: October 8, 2014
Frances E. Cafarell, Clerk