| THE PEOPLE V CHANIKKA DAVIS PAYNE |
| Motion No: KA 09-02101 |
| Slip Opinion No: 2009 NY Slip Op 89015(U) |
| Decided on November 10, 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 09-02101
Indictment No: 2006-205-2 & I2006-090-2
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CHANIKKA
DAVIS PAYNE, 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 Niagara County Court, entered July 15, 2009,
Now, upon reading and filing the affidavit of Chanikka Davis Payne sworn to October 7, 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: November 10, 2009
Patricia L. Morgan, Clerk