| THE PEOPLE V JASON SLISHEVSKY |
| Motion No: KA 17-02113 |
| Slip Opinion No: 2018 NY Slip Op 62081(U) |
| Decided on January 18, 2018 |
| 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 17-02113
Indictment No: 09-0372-1
Index No: 09-0407
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JASON SLISHEVSKY,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from the order of the Onondaga County Court, dated September 22, 2017,
Now, upon reading and filing the affidavit of Jason Slishevsky sworn to November 28, 2017, the notice of motion with proof of service thereof, the statement of William L. Balduf, Esq. dated December 22, 2017, the statement of James P. Maxwell, Esq. dated December 28, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: An appeal under Sexual Offender Registration Act is governed by CPLR articles 55, 56 and 57 (see Correction Law § 168-n[3]), and, therefore, CPL 460.30 is not applicable. The time to take an appeal begins to run after the order is served on the defendant with written notice of its entry (see CPLR 5513[a]; Correction Law § 168-n). Absent proof that the People served defendant with a copy of the order with written notice of its entry, there is no basis upon which to conclude that the time to take an appeal has begun to run.
Entered: January 18, 2018
Mark W. Bennett, Clerk