| THE PEOPLE V REYNALDO PABON |
| Motion No: KA 17-00583 |
| Slip Opinion No: 2017 NY Slip Op 70278(U) |
| Decided on April 10, 2017 |
| 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 17-00583
Indictment No: 2014-1069
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V REYNALDO PABON,
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 Supreme Court, Monroe County, dated April 18, 2016, and for other relief,
Now, upon reading and filing the affidavit of Reynaldo Pabon sworn to March 9, 2017, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to move for leave to appeal is dismissed as unnecessary, and
It is further ORDERED that the motion insofar as it seeks consolidation relief is dismissed as premature.
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: April 10, 2017
Frances E. Cafarell, Clerk