People v Martinez, Gilbert
Motion No: 2009-05227
Slip Opinion No: 2009 NY Slip Op 74647(U)
Decided on June 9, 2009
Appellate Division, 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 Division: Second Judicial Department

M87761

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2009-05227

The People, etc., respondent,

v Gilbert Martinez, appellant.

(Ind. No. 1558/08)

DECISION & ORDER ON MOTION

Appeal by Gilbert Martinez from an order of the Supreme Court, Queens County, dated May 12, 2009.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed as the order is not appealable by right or by permission (see CPL 450.10; 450.15).

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court