| THE PEOPLE V HAITHEM HASAN |
| Motion No: KA 10-01669 |
| Slip Opinion No: 2010 NY Slip Op 88756(U) |
| Decided on September 30, 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 10-01669
Indictment No: 2008-0380-1
SCI No: 2009-0709-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V HAITHEM
HASAN, 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 Onondaga County Court entered January 28, 2010,
Now, upon reading and filing the affidavit of Haithem Hasan sworn to August 6, 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: September 30, 2010
Patricia L. Morgan, Clerk