People v Fontanez-Martinez, Rafael
Motion No: 2006-02971
Slip Opinion No: 2006 NYSlipOp 68684(U)
Decided on May 12, 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

M39579

O/nal

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT J. LUNN, JJ.

2006-02971

The People, etc., respondent,

v Rafael Fontanez-Martinez, appellant.

(Ind. No. 5206/89)

DECISION & ORDER ON MOTION

Motion by the defendant pro se for leave to appeal to this court from an order of the Supreme Court, Kings County, dated February 2, 2006.

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 Laws 2005, ch. 643); and it is further,

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

MILLER, J.P., GOLDSTEIN, RIVERA and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court