| People of State of New York v Bennie Gibson |
| Motion No: 2009-00482 PCR |
| Slip Opinion No: 2009 NYSlipOp 70218(U) |
| Decided on April 14, 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- BENNIE GIBSON, Appellant. |
DECISION
On the court's own motion, appeal is dismissed.
No appeal lies from an order arising out of a criminal proceeding absent specific statutory authorization (see CPL 450.10; People v Santos, 64 NY2d 702, 704 [1984]; People v Herrara, 171 AD2d 85, 87 [1991]) and the subject order is not appealable (People v Bender, NYLJ, Feb. 4, 2009, at 33, col 3 [App Term, 1st Dept 2009]).