| People v Garofolo, Steven |
| Motion No: 2007-00615 |
| Slip Opinion No: 2007 NYSlipOp 64938(U) |
| Decided on March 9, 2007 |
| 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
M51842
S/gts
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
JOSEPH COVELLO
EDWARD D. CARNI, JJ.
|
2007-00615 The People, etc., respondent, v Steven Garofolo, appellant. (Ind. No. 529-76)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se for leave to appeal to this court from so much of an order of the County Court, Suffolk County, dated November 16, 2006, as denied that branch of his motion which was for relief pursuant to CPL 440.30.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as unnecessary, as that portion of the order is appealable as of right (see CPL 450.10[5]); and it is further,
ORDERED that the branch of the defendant's application for leave to appeal from so much of the order as denied relief pursuant to CPL 440.30 is deemed to be a timely notice of appeal from that portion of the order.
CRANE, J.P., KRAUSMAN, COVELLO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court