| THE PEOPLE V DAVID FALLON |
| Motion No: KA 14-00304 AND KA 14-00305 |
| Slip Opinion No: 2014 NY Slip Op 66843(U) |
| Decided on March 13, 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 14-00304 AND KA 14-00305
Indictment No: 12-01-059
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DAVID FALLON, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from the orders of the Ontario County Court, dated August 21, 2013,
Now, upon reading and filing the affidavit of David Fallon sworn to January 27, 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 orders 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 13, 2014
Frances E. Cafarell, Clerk