| THE PEOPLE V MICHAEL CALDWELL |
| Motion No: KA 14-00249 |
| Slip Opinion No: 2014 NY Slip Op 64936(U) |
| Decided on February 25, 2014 |
| 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 14-00249
SCI NO. 08-141
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V MICHAEL CALDWELL, 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 Herkimer County Court, dated November 6, 2013,
Now, upon reading and filing the affidavit of Michael Caldwell sworn to February 4, 2014, 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: February 25, 2014
Frances E. Cafarell, Clerk