People of State of New York v Eugene G. Smith
Motion No: 2007-00435 SCR
Slip Opinion No: 2007 NYSlipOp 67548(U)
Decided on April 17, 2007
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 : McCABE, J.P., TANENBAUM and LIPPMAN, JJ.


NO. 2007-435 S CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-

EUGENE G. SMITH,

Appellant.

DECISION

On the court's own motion, appeal is dismissed.

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]).