| THE PEOPLE V BERNABE ENCARNACION |
| Motion No: KA 09-02305 |
| Slip Opinion No: 2009 NY Slip Op 89027(U) |
| Decided on November 13, 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 09-02305
Indictment No: 90-719-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BERNABE
ENCARNACION, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from an order of the Onondaga County Court, dated April 9, 2009,
Now, upon reading and filing the affidavit of Bernabe Encarnacion sworn to October 23, 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, 86NY2d 853).
Entered: November 13, 2009
Patricia L. Morgan, Clerk