| People v Holman, David |
| Motion No: 2005-09742 |
| Slip Opinion No: 2006 NYSlipOp 68453(U) |
| Decided on May 9, 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. |
Appellate Division: Second Judicial Department
M39408
A/nal
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-09742 The People, etc., respondent, v David Holman, defendant. (Ind. No. 84/95)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se for leave to appeal to this court from an order of the County Court, Dutchess County, dated September 19, 2005, which denied his motion for relief pursuant to CPL 440.30.
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 application for leave to appeal is deemed to be a timely notice of appeal from the order.
H. MILLER, J.P., SCHMIDT, MASTRO and LUNN JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court