| People of State of New York v Wayne Davis |
| Motion No: 2007-00158 KCR |
| Slip Opinion No: 2008 NYSlipOp 68526(U) |
| Decided on March 27, 2008 |
| Appellate Term, 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- WAYNE DAVIS, Appellant. |
DECISION
Motion by appellant to dismiss the appeal is granted (see CPL 170.55 [8]; CPL 450.10).
No appeal lies from a decision granting defendant an adjournment in contemplation of dismissal pursuant to CPL 170.55. The granting of an adjournment in contemplation of dismissal is not deemed to constitute a conviction (see CPL 170.55 [8]; CPL 450.10).