| People v Wilenken, Jason |
| Motion No: 2009-03528 |
| Slip Opinion No: 2009 NY Slip Op 79243(U) |
| Decided on July 28, 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. |
Appellate Division: Second Judicial Department
M89989
E/sl
STEVEN W. FISHER, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2009-03528
The People, etc., respondent, v Jason Wilenken, appellant. (Ind. No. 06-534)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Orange County, dated March 20, 2009, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed as no appeal lies from an order that directs the appellant to pay restitution (see People v Fricchione, 43 AD3d 410); and it is further,
ORDERED that the motion is denied as academic.
FISHER, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court