| THE PEOPLE V PHILIP SEATON |
| Motion No: KA 09-00269 |
| Slip Opinion No: 2009 NYSlipOp 69181(U) |
| Decided on April 8, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 09-00269
Indictment No: 2007-062
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V PHILIP
SEATON, DEFENDANT-APPELLANT. |
Counsel for defendant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken from an order of the Cayuga County Court, entered October 15, 2008,
Now, upon reading and filing the affidavit of Philip Seaton, sworn to August 26, 2008, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Memorandum: The order denying a modification petition pursuant to Correction Law 168-o is not appealable. To the extent that People v Higgins (55 AD3d 1303 [2008]) may be read to hold otherwise, the parties never raised, and this Court did not consider, the issue of appealability.
Entered: April 8, 2009
Patricia L. Morgan, Deputy Clerk