| THE PEOPLE V JOSEPH SPARCINO |
| Motion No: KA 11-01894 |
| Slip Opinion No: 2011 NY Slip Op 87217(U) |
| Decided on October 14, 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 11-01894
Indictment No: 09-0464-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSEPH
SPARCINO, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for permission to appeal from an order of the Onondaga County Court, dated July 15, 2011,
Now, upon reading and filing the affidavit of Joseph Sparcino sworn to August 31, 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: October 14, 2011
Patricia L. Morgan, Clerk