People of State of New York v Kevin Mcnerney
Motion No: 2008-01008 NCR
Slip Opinion No: 2009 NY Slip Op 82220(U)
Decided on August 27, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : NICOLAI, P.J., TANENBAUM and MOLIA, JJ.

NO. 2008-1008 N CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-


KEVIN McNERNEY,

Appellant.

DECISION

Motion by appellant for leave to reargue or, in the alternative, to appeal to the Appellate Division denied.

Defendant raises no issue that was not duly considered by this court.

We note that no appeal lies to the Appellate Division from an order of this court in a criminal action. Defendant may apply directly to the Court of Appeals for leave to appeal the order of this court affirming his judgment of conviction (see CPL 460.20 [2] [b]).