| THE PEOPLE V ELROY WASHINGTON Indictment No: 4728.1 |
| Motion No: KA 08-00435 |
| Slip Opinion No: 2008 NYSlipOp 73245(U) |
| Decided on May 28, 2008 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 08-00435
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ELROY
WASHINGTON, DEFENDANT-APPELLANT. Indictment No: 4728.1 |
Appellant having moved for permission to proceed as a poor person on the appeal taken from an order of the Genesee County Court entered in the Office of the Clerk of the County of Genesee on January 25, 2008, and for other relief,
Now, upon reading and filing the affidavit of Elroy Washington, sworn to March 25, 2008, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is denied.
Memorandum: Because defendant's contentions arise out of a criminal proceeding, the Criminal Procedure Law governs (see CPL 1.10[1][a]). There is no statutory authority, by right or by permission, to appeal to this Court from such an order. Absent such a statute, County Court's order is not appealable (see generally People v Laing, 79 NY2d 166, 170 [2002]), and defendant is not entitled to poor person relief.
Entered: May 28, 2008
JoAnn M. Wahl, Clerk