| THE PEOPLE V FRANCIS WEBBER Indictment No: 43,818 |
| Motion No: KA 16-01569 |
| Slip Opinion No: 2016 NY Slip Op 88963(U) |
| Decided on October 19, 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 16-01569
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V FRANCIS WEBBER,
DEFENDANT-APPELLANT. Indictment No: 43,818 |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Supreme Court, Erie County dated July 25, 2016, and for other relief,
Now, upon reading and filing the affidavits of Francis Webber sworn to August 31, 2016, the notices of motion with proof of service thereof, the affidavit of David A. Heraty, Esq. sworn to September 13, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion seeking an extension of time to move for leave to appeal is dismissed as unnecessary, and
It is further ORDERED that the motions are otherwise denied.
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: October 19, 2016
Frances E. Cafarell, Clerk