| THE PEOPLE V DAVID C. PETTIGREW, SR. |
| Motion No: KA 09-00619 |
| Slip Opinion No: 2009 NYSlipOp 69179(U) |
| Decided on April 8, 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 09-00619
Indictment No: 2007-320
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID C.
PETTIGREW, SR., DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from the order of the Niagara County Court, dated February 10, 2009 and entered March 31, 2009,
Now, upon reading and filing the statement of David C. Pettigrew, dated March 10, 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 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: April 8, 2009
Patricia L. Morgan, Deputy Clerk