| THE PEOPLE V DANA BROWN Indictment No: 5986 |
| Motion No: KA 11-01867 |
| Slip Opinion No: 2011 NY Slip Op 87246(U) |
| Decided on October 19, 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 11-01867
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DANA
BROWN, DEFENDANT-APPELLANT. Indictment No: 5986 |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Wyoming County Court, dated June 24, 2011,
Now, upon reading and filing the affidavit of Dana Brown sworn to September 6, 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 19, 2011
Patricia L. Morgan, Clerk