| THE PEOPLE V WILLIAM C. BONES |
| Motion No: KA 11-02377 |
| Slip Opinion No: 2011 NY Slip Op 91871(U) |
| Decided on December 6, 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 11-02377
Indictment No: 1999-536
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V WILLIAM C.
BONES, DEFENDANT-APPELLANT. |
Defendant having moved for an order directing the Niagara County Court to file an affidavit of errors pursuant to CPL 460.10 (3)(c) relating to the order of Niagara County Court dated September 13, 2004 and for other relief,
Now, upon reading and filing the affidavit of William C. Bones sworn to June 28, 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 denied.
Memorandum: Appellate review of an order denying a CPL 440.10 motion is authorized by permission of an intermediate appellate court pursuant to CPL 450.15(1) and 460.15. 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 CPL 460.30 relief is necessary (see CPL 460.10[4][a]; People v Washington, 86 NY2d 853).
Entered: December 6, 2011
Patricia L. Morgan, Clerk