| THE PEOPLE V PETER LOPEZ |
| Motion No: KA 10-00036 |
| Slip Opinion No: 2010 NY Slip Op 63452(U) |
| Decided on February 16, 2010 |
| 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KA 10-00036
Indictment No: 94-2558-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V PETER
LOPEZ, 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 Erie County Court entered September 1, 2009,
Now, upon reading and filing the affidavit of Peter Lopez sworn to January 1, 2010, 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 as unnecessary.
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: February 16, 2010
Patricia L. Morgan, Clerk