| THE PEOPLE V JAMES HARVEY, JR. |
| Motion No: KA 08-00619 |
| Slip Opinion No: 2008 NYSlipOp 69325(U) |
| Decided on April 14, 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 08-00619
Indictment No. 95-808-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES
HARVEY, JR., DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Onondaga County Court entered in the Office of the Clerk of the County of Onondaga, on November 21, 2007,
Now, upon reading and filing the affidavit of James Harvey, Jr. sworn to March 18, 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 with leave to renew.
Memorandum: Defendant may renew his motion upon an affidavit setting forth facts demonstrating how his rights were violated and his entitlement to relief pursuant to CPL 460.30. Furthermore, absent evidence that the People have served the order denying defendant's CPL article 440 motion on defendant, we are unable to determine if the time to make an application pursuant to CPL 460.15 has begun to run (see CPL 460.10 [4] [a]).
Entered: April 14, 2008
JoAnn M. Wahl, Clerk