| People v Rodriguez, Roberto |
| Motion No: 2006-06305 |
| Slip Opinion No: 2006 NYSlipOp 77002(U) |
| Decided on October 2, 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
M45284
C/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.
|
2006-06305 The People, etc., respondent, v Roberto Rodriguez, appellant. (Ind. No. 93-0858)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the County Court, Westchester County, entered May 30, 2006, as a poor person and for the assignment of counsel. Cross motion by the respondent to dismiss the appeal on the ground that the order is not appealable either by right or permission.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted and the appeal is dismissed, as the order is not appealable (see CPL 450.10; 450.15); and it is further,
ORDERED that the motion is denied as academic.
RITTER, J.P., GOLDSTEIN, RIVERA and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court