People v Owens, Daniel L.
Motion No: 2006-04463
Slip Opinion No: 2006 NYSlipOp 72606(U)
Decided on July 24, 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

M42464

T/nl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2006-04463

The People, etc., respondent,

v Daniel L. Owens, appellant.

(Ind. No. 2664-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the County Court, Suffolk County, dated March 30, 2006, as a poor person, and for the assignment of counsel.

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

ORDERED that on the court's own motion, the appeal is dismissed, on the ground that the order is not appealable as of right (see CPL 450.10) and the defendant has not sought leave to appeal to this court (see CPL 450.15); and it is further,

ORDERED that the motion is denied as academic.

MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court