People v Weay, Sidiki
Motion No: 2005-11599
Slip Opinion No: 2006 NYSlipOp 61153(U)
Decided on January 26, 2006
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35298

Y/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

ROBERT J. LUNN, JJ.

2005-11599

The People, etc., respondent,

v Sidiki Weay, appellant.

(Ind. No. 2940/98)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Queens County, dated October 28, 2005.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied as unnecessary as the order is appealable as of right (see CPL 450.10[5]); and it is further,

ORDERED that the defendant's motion papers are deemed to be a timely notice of appeal from the order dated October 28, 2005.

ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court