PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KA 08-02038
Index No. 05/1829, Indictment No: 2006-0005

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V FRANK ROGERS, DEFENDANT-APPELLANT.

Defendant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken from an order of the Supreme Court, Onondaga County, entered August 8, 2008,

Now, upon reading and filing the affidavit of Frank Rogers, sworn to September 2, 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 the order entered August 8, 2008, which denied defendant's motion to compel the return of seized property. Absent such a statute, Supreme Court's order is not appealable (see generally People v Laing, 79 NY2d 166, 170 [1992]), and defendant is not entitled to poor person relief. Thus, the notice of appeal from the order entered August 8, 2008, which was filed on August 18, 2008 in the Onondaga County Clerk's Office is null and void.

Entered: October 28, 2008

JoAnn M. Wahl, Clerk