| PEOPLE V DARIUS L. HORTON |
| Motion No: KA 08-00296 |
| Slip Opinion No: 2008 NYSlipOp 64989(U) |
| Decided on February 26, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 08-00296
Indictment No: 2005-0663
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DARIUS L.
HORTON, DEFENDANT-APPELLANT. |
Defendant having moved to extend the time to move for leave to appeal from an order of the Monroe County Court entered in the Office of the Clerk of the County of Monroe, on December 6, 2007, and for other relief,
Now, upon reading and filing the affidavit of Darius Horton, sworn to February 8, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is denied.
Memorandum: In the absence of evidence that the People have served the order denying defendant's CPL 440.10 motion, it is presumed that the time to make an application pursuant to CPL 460.15 has not yet begun to run (see CPL 460.10[4][a]).
Entered: February 26, 2008
JoAnn M. Wahl, Clerk