| THE PEOPLE V WILLIE SINGLETON |
| Motion No: KA 09-00141 & KA 09-00142 |
| Slip Opinion No: 2009 NYSlipOp 64851(U) |
| Decided on February 25, 2009 |
| 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 09-00141 & KA 09-00142
Indictment Nos: 06-10-153 & 07-10-018
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V WILLIE
SINGLETON, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from the orders of the Ontario County Court, entered November 7, 2008 and November 10, 2008,
Now, upon reading and filing the affidavit of Willie Singleton, sworn to January 14, 2009, 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 dismissed.
Memorandum: Absent proof that the People served defendant with a copy of the orders 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: February 25, 2009
JoAnn M. Wahl, Clerk