| THE PEOPLE V ERIC A. LYNCH |
| Motion No: KA 25-00842 |
| Slip Opinion No: 2025 NY Slip Op 73254(U) |
| Decided on July 16, 2025 |
| 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: CURRAN, J.P., MONTOUR, OGDEN, GREENWOOD, AND NOWAK, JJ.
KA 25-00842
Indictment No: 17-29
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ERIC A.
LYNCH, DEFENDANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Herkimer County Court, entered September 11, 2024,
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 dismiss as unnecessary.
Memorandum: Absent proof that defendant was served with the decision and order denying the CPL 440.47 motion, the thirty day period in which to file and serve a notice of appeal has not expired (see CPL 460.10 [4] [a]).
Entered: July 16, 2025
Ann Dillon Flynn
Clerk of the Court