| THE PEOPLE V VALFANSO DEWITT, III Indictment No: 3709A |
| Motion No: KA 12-00046 |
| Slip Opinion No: 2012 NY Slip Op 63005(U) |
| Decided on January 31, 2012 |
| 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 12-00046
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V VALFANSO
DEWITT, III, DEFENDANT-APPELLANT. Indictment No: 3709A |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from an order of the Cayuga County Court, dated November 7, 2011 and entered November 10, 2011,
Now, upon reading and filing the affidavit of Valfanso Dewitt sworn to December 19, 2011, the notice of motion with proof of service thereof, the affidavit of Christopher T.
Valdina, Esq. sworn to January 24, 2012, 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: January 31, 2012
Frances E. Cafarell, Clerk