People v Breazil, Terrance
Motion No: 2007-02659
Slip Opinion No: 2007 NYSlipOp 67799(U)
Decided on April 19, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M53523

E/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-02659

The People, etc., appellant,

v Terrance Breazil, respondent.

(Ind. No. 9013/95)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 7, 2007, on the ground that the People improperly filed a notice pursuant to CPL 450.50, or, in the alternative, in effect, to direct the People to perfect the appeal by a date certain.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to direct the People to perfect the appeal by a date certain is granted, and the People shall perfect the appeal on or before July 19, 2007.

SCHMIDT, J.P., GOLDSTEIN, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court