| THE PEOPLE V CHRISTOPHER FAETH |
| Motion No: KA 16-00407 |
| Slip Opinion No: 2016 NY Slip Op 68866(U) |
| Decided on March 28, 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 16-00407
Indictment No: 99-095
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CHRISTOPHER
FAETH, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Wayne County Court, dated January 29, 2016,
Now, upon reading and filing the affidavit of Christopher Faeth sworn to March 7, 2016, the notice of motion with proof of service thereof, the statement of Bruce A. Rosekrans, Esq. dated March 23, 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 28, 2016
Frances E. Cafarell, Clerk