| People v Johnson, Naqwain |
| Motion No: 2008-04482 |
| Slip Opinion No: 2008 NYSlipOp 77252(U) |
| Decided on July 9, 2008 |
| 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. |
Appellate Division: Second Judicial Department
M72895
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
EDWARD D. CARNI
RANDALL T. ENG, JJ.
|
2008-04482 The People, etc., respondent, v Naqwain Johnson, appellant. (Ind. Nos. 3151/01, 3152/01)
| DECISION & ORDER ON MOTION |
Motion by Naqwain Johnson, in effect, to deem his notice of appeal from an order of the Supreme Court, Queens County, dated July 26, 2007, to be timely filed, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed on the ground that the order is not appealable as of right and the defendant has not sought leave to appeal (CPL 450.15[2]); and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., ANGIOLILLO, CARNI and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court