| THE PEOPLE V SAMMY CASWELL |
| Motion No: KA 11-01787 |
| Slip Opinion No: 2011 NY Slip Op 85227(U) |
| Decided on September 26, 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 11-01787
Indictment No: 2005-138
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V SAMMY
CASWELL, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend time to move for leave to appeal from an order of the Cayuga County Court, dated July 14, 2009,
Now, upon reading and filing the affidavit of Sammy Caswell sworn to July 13, 2011, the notice of motion with proof of service thereof, 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: September 26, 2011
Patricia L. Morgan, Clerk