Appellate Division: Second Judicial Department

M63899

E/sl

STEPHEN G. CRANE, J.P.

HOWARD MILLER

MARK C. DILLON

RUTH C. BALKIN, JJ.

2003-08041, 2003-08042 The People, etc., respondent, v Ritchie DuBose, appellant. (Ind. No. 02-0376)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent, in effect, to dismiss as abandoned appeals from a plea of guilty entered in the Supreme Court, Westchester County, on May 7, 2003, and a judgment of the same court rendered August 14, 2003.

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

ORDERED that on the court's own motion, the appeal from the plea of guilty is dismissed, as no appeal lies from a plea of guilty either as of right or by permission (see CPL 450.10; 450.15); and it is further,

ORDERED that the branch of the motion which is, in effect, to dismiss the appeal from the plea of guilty is denied as academic; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the judgment is granted, and the appeal from the judgment is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

James Edward Pelzer

Clerk of the Court