PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 14-01624
Indictment No: 2013-0070A
KA 16-02371
Indictment Nos: 1997-0709; 1998-0600 and 2013-0070A

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RONDELL JOHNSON, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RONDELL JOHNSON, 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, Monroe County, dated October 11, 2016 and entered October 12, 2016 (KA 16-02371), and for other relief,

Now, upon reading and filing the affidavits of Rondell Johnson sworn to November 1, 2016 and November 22, 2016, the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions insofar as they seek CPL 460.30 relief are dismissed as unnecessary, and

It is further ORDERED that the motions insofar as they seek consolidation relief with the judgment of Monroe County Court, rendered June 14, 2014 (KA 14-01624) are dismissed as premature.

Memorandum: Absent proof that the People served defendant with a copy of the order of Supreme Court, Monroe County, dated October 11, 2016 and entered October 12, 2016, 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: January 27, 2017

Frances E. Cafarell, Clerk