| THE PEOPLE V NATHANIEL BEARD |
| Motion No: KA 09-00779 |
| Slip Opinion No: 2009 NY Slip Op 77451(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 09-00779
Indictment No: 01-134
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V NATHANIEL
BEARD, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave from an order of the Wayne County Court, dated January 5, 2009, and entered January 8, 2009
Now, upon reading and filing the affidavit of Nathaniel Beard, sworn on April 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 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