| THE PEOPLE V ERIC MCGILL |
| Motion No: KA 11-00892 |
| Slip Opinion No: 2011 NY Slip Op 73250(U) |
| Decided on May 18, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 11-00892
Indictment No: 2009-0759
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ERIC MCGILL,
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, Monroe County dated September 28, 2010,
Now, upon reading and filing the affidavit of Eric McGill sworn to April 12, 2011 and the statement of Eric McGill filed May 5, 2011, the notice of motion with proof of service thereof, the affirmation of Geoffrey Kaeuper, Esq. dated April 28, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion 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: May 18, 2011
Patricia L. Morgan, Clerk