People v. Duquette

OPINION OF THE COURT

Eugene L. Nicandri, J.

Respondent moves to dismiss the appeal taken by the People from a prior dismissal of the case by the Massena Village Court. That court dismissed because the People did not timely file a supporting deposition. The grounds for the motion to dismiss the appeal are that the People did not take the appeal within the statutory period of 30 days, as measured from the date of service of the order. (CPL 460.10 [1] [a], [c].)

Service of papers is not a defined concept under the Crimi*240nal Procedure Law, although it is statutorily defined in the CPLR (CPLR 2103 [b]…