| THE PEOPLE V JULIE A. FULLER |
| Motion No: KA 14-01266 AND KA 12-00509 |
| Slip Opinion No: 2014 NY Slip Op 79692(U) |
| Decided on August 6, 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 14-01266 AND KA 12-00509
Indictment No: 11-053-11
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V JULIE A. FULLER, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of Jefferson County Court, dated November 27, 2013, and for other relief,
Now, upon reading and filing the affirmation of Peter J. Glennon, Esq. dated July 16, 2014, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks CPL 460.30 relief is dismissed as unnecessary, and
It is further ORDERED that the motion is otherwise denied.
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: August 6, 2014
Frances E. Cafarell, Clerk