| THE PEOPLE V JAMES J. CUNNINGHAM |
| Motion No: KA 09-00744 |
| Slip Opinion No: 2009 NY Slip Op 76911(U) |
| Decided on May 22, 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 09-00744
Indictment No: 001-2186-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES J.
CUNNINGHAM, 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 Erie County Court, dated March 5, 2009,
Now, upon reading and filing the affidavit of James Cunningham, sworn on April 9, 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: May 22, 2009
Patricia L. Morgan, Clerk