| THE PEOPLE V SHAWN WOODWARD Indictment No: 5971 |
| Motion No: KA 14-01094 |
| Slip Opinion No: 2014 NY Slip Op 81941(U) |
| Decided on August 21, 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., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.
KA 14-01094
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V SHAWN WOODWARD, DEFENDANT-APPELLANT. Indictment No: 5971 |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Wyoming County Court, dated February 24, 2014,
Now, upon reading and filing the affidavit of Shawn Woodward sworn to June 9, 2014, the notice of motion with proof of service thereof, the statement of Vincent A. Hemming, Esq. dated June 27, 2014, 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 dated February 24, 2014 with notice of entry, 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 21, 2014
Frances E. Cafarell, Clerk