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People v. Walker

Appellate Division of the Supreme Court of New York, Third Department
Mar 6, 1997
237 A.D.2d 726 (N.Y. App. Div. 1997)

Opinion

March 6, 1997.

Motion, pursuant to CPL 460.30, for extension of time to move for permission to appeal from order of Schenectady County Court dated October 30, 1996 and, pursuant to CPL 460.15, for permission to appeal to this Court from such order.

Before: Cardona, P.J., Mikoll, Mercure, Crew III and White, JJ.


Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

Ordered that the motion, pursuant to CPL 460.30, for extension of time to move for permission to appeal is denied as unnecessary. Inasmuch as the People have failed to provide this Court with an affidavit of service indicating that defendant was served with a copy of County Court's order, the time to move for permission to appeal therefrom has not begun to run ( see, CPL 460.10 [a]; People v Smiley, 225 AD2d 1097). It is further

Ordered that the motion, pursuant to CPL 460.15, for permission to appeal to this Court is referred to Presiding Justice Cardona, who makes the following decision: Motion denied.


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, Third Department
Mar 6, 1997
237 A.D.2d 726 (N.Y. App. Div. 1997)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LAMONT WALKER, Defendant

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 6, 1997

Citations

237 A.D.2d 726 (N.Y. App. Div. 1997)
655 N.Y.S.2d 112

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15 [1]; 460.10 [4] [a]; 460.15; People v Walker, 237 AD2d 726, 726-727 [1997]). Lynch, J.P., Mulvey, Aarons…