| THE PEOPLE V ANTHONY L. NESMITH |
| Motion No: KA 23-00374 |
| Slip Opinion No: 2023 NY Slip Op 65401(U) |
| Decided on April 10, 2023 |
| 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, PERADOTTO, LINDLEY, AND CURRAN, JJ.
KA 23-00374
Indictment No: 2020-0163
| THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V ANTHONY L. NESMITH, DEFENDANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Monroe County Court, dated January 4, 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 (see CPL 460.10 [4][a]).
Memorandum: The People concede that as of the date of defendant's motion they had not served defendant with the order denying his CPL part 440 motions, and thus defendant's 30-day period in which to file his application for leave to appeal to this Court had not commenced. Defendant shall file and serve under CPL 460.30 his application for leave to appeal to this Court within 30 days of the date of the Court's order.
Entered: April 10, 2023
Ann Dillon Flynn
Clerk of the Court