| THE PEOPLE V WILLIAM J. BARNES |
| Motion No: KA 14-00284 |
| Slip Opinion No: 2014 NY Slip Op 69001(U) |
| Decided on April 9, 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 14-00284
Indictment No: 86-017
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V WILLIAM J. BARNES, 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 Niagara County Court, dated April 18, 2013,
Now, upon reading and filing the affidavit of William J. Barnes, Jr. sworn to February 10, 2014, the notice of motion with proof of service thereof, the statement of Thomas H. Brandt, Esq. dated February 21, 2014, and the statement of William J. Barnes, Jr. dated February 25, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Absent proof of an affidavit of service establishing that the People served defendant with written notice of entry and a copy of the order being 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: April 9, 2014
Frances E. Cafarell, Clerk