People v Garcia, David
Motion No: 2008-09460
Slip Opinion No: 2008 NYSlipOp 87098(U)
Decided on October 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M77515

S/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2008-09460

The People, etc., respondent,

v David Garcia, appellant.

(Ind. No. 636/98)

DECISION & ORDER ON MOTION

Appeal by David Garcia from an order of the Supreme Court, Kings County, dated February 20, 2008.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed as the order is not appealable by right and the defendant has not sought leave to appeal (see CPL 450.10; 450.15).

SKELOS, J.P., ANGIOLILLO, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court