People of State of New York v Richard P. Rush
Motion No: 2006-01185 SCR
Slip Opinion No: 2006 NYSlipOp 75362(U)
Decided on September 8, 2006
Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., ANGIOLILLO and LIPPMAN, JJ.

NO. 2006-1185 S CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-

RICHARD P. RUSH,

Appellant.

DECISION

Motion by the People to dismiss the appeal is granted.

No appeal lies from an order arising out of a criminal proceeding absent specific statutory authorization (see CPL 450.10; People v Santos, 64 NY2d 702, 704 [1984]; People v Herrara, 171 AD2d 85, 87 [1991]).