| THE PEOPLE V RONNIE RASHAWN WALKER |
| Motion No: KA 12-01571 |
| Slip Opinion No: 2012 NY Slip Op 83861(U) |
| Decided on September 10, 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 12-01571
Indictment No: 10-0340
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V RONNIE RASHAWN WALKER, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of Supreme Court, Monroe County dated May 9, 2012,
Now, upon reading and filing the affidavit of Ronnie Walker sworn to August 13, 2012, 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 10, 2012
Frances E. Cafarell, Clerk