| People of State of New York v Timothy Breaker |
| Motion No: 2009-00204 KCR |
| Slip Opinion No: 2009 NYSlipOp 66112(U) |
| Decided on March 4, 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. |
APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- TIMOTHY BREAKER, Defendant. |
DECISION On the court's own motion, appeal dismissed.
No appeal as of right lies from order denying a motion made pursuant to CPL 440.10 to vacate judgment without defendant first moving for a certificate granting leave to appeal (see CPL 450.15, CPL 460.15).