People v Hernandez, Frankie
Motion No: 2007-10366
Slip Opinion No: 2007 NYSlipOp 85107(U)
Decided on December 3, 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

M62790

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-10366

The People, etc., respondent,

v Frankie Hernandez, appellant.

(Ind. No. 10163/96)

DECISION & ORDER ON MOTION

Appeal by Frankie Hernandez from an order of the Supreme Court, Kings County, dated September 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).

MILLER, J.P., CRANE, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court