| THE PEOPLE V KEVIN PIERRE Indictment No: 96/3220 |
| Motion No: KA 14-01521 |
| Slip Opinion No: 2014 NY Slip Op 84494(U) |
| Decided on September 15, 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 14-01521
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V KEVIN PIERRE, DEFENDANT-APPELLANT. Indictment No: 96/3220 |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Monroe County Court, dated June 11, 2014 and entered June 13, 2014,
Now, upon reading and filing the affidavit of Kevin Pierre sworn to July 25, 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: September 15, 2014
Frances E. Cafarell, Clerk