People v Espinal, Eduardo
Motion No: 2006-01158
Slip Opinion No: 2006 NYSlipOp 62951(U)
Decided on February 14, 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

M36032

T/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2006-01158

The People, etc., respondent,

v Eduardo Espinal, appellant.

(Ind. No. 2825-04)

DECISION & ORDER ON MOTION

Appeal by the defendant from an order of the Supreme Court, Queens County, dated December 15, 2005.

Now, upon the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the order is not appealable by right or permission (see CPL 450.10; 450.15).

SCHMIDT, J.P., SANTUCCI, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court