| THE PEOPLE V BOBBY HENDRICKS |
| Motion No: KA 10-01920 |
| Slip Opinion No: 2010 NY Slip Op 84853(U) |
| Decided on October 7, 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 10-01920
Indictment No: 99-101
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BOBBY
HENDRICKS, 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 Oneida County Court, dated July 14, 2010, and for other relief,
Now, upon reading and filing the affidavit of Bobby Hendricks, sworn to August 28, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for an extension of time is dismissed and,
It is further ORDERED that the motion is otherwise denied.
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: October 7, 2010
Patricia L. Morgan, Clerk