| People v Bender, Sherry |
| Motion No: 570067/09 |
| Slip Opinion No: 2009 NYSlipOp 62507(U) |
| Decided on January 30, 2009 |
| Appellate Term, First 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. |
January 30, 2009
People v Bender, Sherry
Ordered that the motion for poor person relief is denied. In criminal cases, the right to appeal is purely statutory and a dismissal, pursuant to CPL 730.40(1), (2), determining that defendant is an incapacitated person, is not enumerated as appealable under CPL 450.10.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570067/09