| THE PEOPLE V CLIVE ANDRE WEBLEY |
| Motion No: KA 10-00724 |
| Slip Opinion No: 2010 NY Slip Op 69888(U) |
| Decided on April 26, 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 10-00724
Indictment No: 95-029
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CLIVE ANDRE
WEBLEY, 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 Supreme Court, Oneida County, dated September 30, 2009,
Now, upon reading and filing the affidavit of Clive Webley, sworn to March 11, 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: April 26, 2010
Patricia L. Morgan, Clerk