| THE PEOPLE V FRANCISCO TIRADO |
| Motion No: KA 16-00765 |
| Slip Opinion No: 2016 NY Slip Op 74602(U) |
| Decided on May 23, 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 16-00765
Indictment No: 2008-01325
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V FRANCISCO
TIRADO, 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 11, 2016,
Now, upon reading and filing the affidavit of Francisco Tirado sworn to April 7, 2016, the notice of motion with proof of service thereof, statement of Michael J. Hillery, Esq. dated May 11, 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: May 23, 2016
Frances E. Cafarell, Clerk