People v Brown, Fred
Motion No: 2007-04897
Slip Opinion No: 2007 NYSlipOp 73991(U)
Decided on July 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

M57358

S/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

STEVEN W. FISHER

MARK C. DILLON, JJ.

2007-04897

The People, etc., respondent,

v Fred Brown, appellant.

(Ind. No. 2217/96)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated June 7, 2007, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal by Fred Brown from an order of the Supreme Court, Queens County, dated April 26, 2007.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed as the order is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15).

RIVERA, J.P., FLORIO, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court