People v Green, Shenee
Motion No: 2006-05326
Slip Opinion No: 2006 NYSlipOp 74102(U)
Decided on August 18, 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

M43386

G/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2006-05326

The People, etc., respondent,

v Shenee Green, appellant.

(Ind. No. 91-00761)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the County Court, Westchester County, rendered April 26, 2006, on the ground that no appeal lies as of right from an order denying a motion pursuant to CPL 440.10, and leave to appeal has not been granted.

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

ORDERED that the motion is granted and the appeal is dismissed (see CPL 450.10; 450.15).

SCHMIDT, J.P., SANTUCCI, RIVERA, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court