| THE PEOPLE V JOHN HENRY MONK |
| Motion No: KA 15-01102 |
| Slip Opinion No: 2015 NY Slip Op 80339(U) |
| Decided on July 27, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
KA 15-01102
Indictment No: 2006-01339
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOHN HENRY MONK,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of Supreme Court, Erie County, dated March 15, 2011,
Now, upon reading and filing the affidavit of John Henry Monk sworn to June 5, 2015, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated July 2, 2015, 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: July 27, 2015
Frances E. Cafarell, Clerk