| THE PEOPLE V JYQUALE THOMAS Indictment No: 2011/0156B |
| Motion No: KA 16-01571 |
| Slip Opinion No: 2016 NY Slip Op 87076(U) |
| Decided on September 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 16-01571
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JYQUALE THOMAS,
DEFENDANT-APPELLANT. Indictment No: 2011/0156B |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of Supreme Court, Monroe County dated June 1, 2016 and entered June 2, 2016,
Now, upon reading and filing the affirmation of Bridget L. Field, Esq. dated September 2, 2016, the notice of motion with proof of service thereof, the statement of Scott Myles, Esq. dated September 22, 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: September 28, 2016
Frances E. Cafarell, Clerk