| THE PEOPLE V RASHAD SCISSION, ALSO KNOWN AS JABBER |
| Motion No: KA 13-00273 |
| Slip Opinion No: 2013 NY Slip Op 66581(U) |
| Decided on March 5, 2013 |
| 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 13-00273
Indictment No: 2006-02630
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V RASHAD SCISSION, ALSO KNOWN AS JABBER, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Erie County Court, dated January 9, 2013,
Now, upon reading and filing the affidavit of Rashad Scission sworn to February 4, 2013, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated February 14, 2013, 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: March 5, 2013
Frances E. Cafarell, Clerk