People of State of New York v Sean Mcaloney
Motion No: 2009-00111 ORCR
Slip Opinion No: 2009 NYSlipOp 68911(U)
Decided on March 31, 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 : MOLIA, J.P., SCHEINKMAN and LaCAVA, JJ.


NO. 2009-111 OR CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-

SEAN McALONEY,

Appellant.

DECISION

Motion by appellant for a stay of sentence and other relief is denied.

On the court's own motion, the appeal is dismissed.

On the court's own motion, the order of this court dated February 23, 2009, is recalled and vacated.

Defendant failed to timely take the appeal (see, CPL 460.10 [1] [a]).