People of State N. Y. v Duanny Lara
Motion No: 2008-01964 WCR 12-15-2008
Slip Opinion No: 2009 NYSlipOp 65275(U)
Decided on February 26, 2009
Appellate Term, 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 TERM: 9th and 10th JUDICIAL DISTRICTS


PRESENT : RUDOLPH, P.J., MOLIA and SCHEINKMAN, JJ.


NO. 2008-1964 W CR
THE PEOPLE OF THE STATE NEW YORK,

Respondent,

-against-

DUANNY LARA,

Appellant.

DECISION

Motion by the People as respondent to dismiss the appeal is granted.

Cross motion by defendant for leave to appeal is denied.

No appeal lies from an order arising out of a criminal proceeding absent specific statutory authorization (see CPL 450.10; 450.15; People v Santos, 64 NY2d 702, 704 [1984]; People v Herrara, 171 AD2d 85, 87 [1991]; People v Marinoff, 98 Misc 2d 367 [1979]).