People v Perez, Osmay
Motion No: 1998-09610
Slip Opinion No: 2006 NYSlipOp 62923(U)
Decided on February 10, 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

M35980

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

1998-09610

The People, etc., respondent,

v Osmay Perez, appellant.

(Ind. No. 12786/91)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from an execution of sentence of the Supreme Court, Queens County, imposed September 17, 1998.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the court's own motion the appeal is dismissed as no appeal lies from an execution of sentence (see People v Crawford, 239 AD2d 515); and it is further,

ORDERED that the motion is denied as academic.

ADAMS, J.P., RITTER, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court