THE PEOPLE V CHRISTOPHER D. ARIOLA
Motion No: KA 24-01775
Slip Opinion No: 2024 NY Slip Op 81331(U)
Decided on December 10, 2024
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.


December 10, 2024

PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.

KA 24-01775
Indictment No: 70210-22

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CHRISTOPHER D. ARIOLA, DEFENDANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Oswego County Court, dated August 20, 2024, and for consolidation,

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 with respect to an extension of time pursuant to CPL 460.30 is dismissed as unnecessary, and

It is further ORDERED that the motion with respect to consolidation is dismissed as premature.

Memorandum: Pursuant to CPL 460.10(4)(a), defendant has "[w]ithin thirty days after service upon the defendant of a copy of the order sought to be appealed" to make an application pursuant to CPL 460.15. Therefore, the time period within which defendant needs to make an application has not commenced until the order is served upon defendant.

Entered: December 10, 2024

Ann Dillon Flynn

Clerk of the Court