| People v Ruffalo, Todd |
| Motion No: 2009-03629 |
| Slip Opinion No: 2009 NY Slip Op 79338(U) |
| Decided on July 29, 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
M90015
E/sl
FRED T. SANTUCCI, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
CHERYL E. CHAMBERS, JJ.
|
2009-03629 The People, etc., respondent, v Todd Ruffalo, appellant. (Ind. No. 97- 371)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the County Court, Westchester County, entered January 21, 2009, which denied the defendant's motion pursuant to CPL 440.10.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed as the order is not appealable as of right (see CPL 450.10), and the appellant has not sought leave to appeal (see CPL 450.15).
SANTUCCI, J.P., ANGIOLILLO, BALKIN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court