| THE PEOPLE V SALVATORE LETIZIA |
| Motion No: KA 16-00269 |
| Slip Opinion No: 2016 NY Slip Op 67510(U) |
| Decided on March 14, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 16-00269
Indictment Nos: 84-0677-001 and 87-1174-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V SALVATORE
LETIZIA, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a memorandum and order of Supreme Court, Erie County, dated January 14, 2016,
Now, upon reading and filing the affidavit of Salvatore Letizia sworn to February 16, 2016, the notice of motion with proof of service thereof, the statement of Michael J. Hillery, Esq. dated February 29, 2016, 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: March 14, 2016
Frances E. Cafarell, Clerk