People v Hutchinson, James
Motion No: 2008-04352
Slip Opinion No: 2008 NYSlipOp 93147(U)
Decided on December 29, 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

M79794

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

RANDALL T. ENG, JJ.

2008-04352

The People, etc., plaintiff,

v James Hutchinson, defendant.

(Ind. No. 1387/05)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to the Court of Appeals from a decision and order on application of this court dated July 24, 2008, which denied his application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated April 11, 2008.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied on the ground that no appeal lies from the denial of an application for a certificate seeking leave to appeal to this court (see CPL 450.90[1]).

SKELOS, J.P., DILLON, McCARTHY and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court