| THE PEOPLE V DAVID PLUNKETT |
| Motion No: KA 09-01437 |
| Slip Opinion No: 2009 NY Slip Op 81561(U) |
| Decided on August 24, 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, GREEN, AND PINE, JJ.
KA 09-01437
Indictment No: 06-063
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID
PLUNKETT, DEFENDANT-APPELLANT. |
The American Academy of HIV Medicine, Association of Nurses in Aids Care, HIV Medicine Association and Lambda Legal Defense and Education Fund, Inc. having moved for leave to file and serve a brief amicus curiae on the appeal from an order of Herkimer County Court, dated May 21, 2007,
Now, upon reading and filing the affirmation of Bebe J. Anderson, dated July 14, 2009, the notice of motion with proof of 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 Herkimer County Court order dated May 21, 2007 is not appealable as of right or by permission (see CPL 450.10; 450.15). Nor is there any pending appeal from the judgment of Herkimer County Court rendered May 23, 2007.
Entered: August 24, 2009
Patricia L. Morgan, Clerk