| THE PEOPLE V DAVON ST.JOHN |
| Motion No: KA 22-01479 |
| Slip Opinion No: 2022 NY Slip Op 73662(U) |
| Decided on October 25, 2022 |
| 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 LINDLEY, JJ.
KA 22-01479
| THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V DAVON ST.JOHN, DEFENDANT-APPELLANT.
Indictment No: 6027
|
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Genesee County Court, dated June 9, 2022,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Absent evidence that defendant was served with the decision and order denying his CPL 440.10 motion, his 30-day period in which to file his application for leave to appeal to this Court has not expired (see CPL 460.10 [4][a]).
Entered: October 25, 2022
Ann Dillon Flynn
Clerk of the Court