| People of State of New York v Jose Rivas |
| Motion No: 2005-00973 WCR |
| Slip Opinion No: 2006 NYSlipOp 78341(U) |
| Decided on October 6, 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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- JOSE RIVAS, Appellant. |
DECISION
On the court's own motion, motion by appellant returnable August 21, 2006, and motion by respondent returnable September 8, 2006, are hereby consolidated for purposes of disposition.
Motion by respondent to dismiss the two appeals taken from the orders dated December 20, 2005 and July 27, 2006, granted.
Cross motion by appellant for leave to appeal from the orders dated December 20, 2005, and July 27, 2006, denied.
Motion by appellant is granted to the extent that time is enlarged to perfect appeal from judgment of conviction and appeal shall be perfected by January 5, 2007; otherwise, motion denied.
No appeal lies from an order arising out of a criminal proceeding absent specific statutory authorization (see CPL 450.10; People v Nieves, 2 NY3d 310, 315 [2004]; People v Santos, 64 NY2d 702, 704 [1984]; People v Herrara, 171 AD2d 85, 87 [1991]).