People v Portillo, Jose
Motion No: 2007-00458
Slip Opinion No: 2007 NYSlipOp 70352(U)
Decided on May 29, 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

M55225

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2007-00458

The People, etc., respondent,

v Jose Portillo, appellant.

(Ind. No. 1994-03)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the County Court, Suffolk County, rendered January 5, 2004. The notice of appeal is dated November 17, 2006. By order to show cause dated April 23, 2007, the parties were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the notice of appeal was untimely (see CPL 460.10[1][a], 460.30).

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the order to show cause to dismiss the appeal is granted and the appeal is dismissed.

SPOLZINO, J.P., RITTER, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court