People v Cortes, Rubert
Motion No: 2002-11144
Slip Opinion No: 2009 NY Slip Op 82872(U)
Decided on September 14, 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

M91816

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2002-11144

The People, etc., respondent,

v Rubert Cortes, appellant.

(Ind. No. 02-731)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from a judgment of the County Court, Orange County, rendered December 2, 2002, on the ground of lock of prosecution.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

SANTUCCI, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court