| THE PEOPLE V DARRYL STOKES |
| Motion No: KA 09-01603 |
| Slip Opinion No: 2009 NY Slip Op 84115(U) |
| Decided on September 15, 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, SMITH, AND CENTRA, JJ.
KA 09-01603
Indictment No: 2003-00070
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DARRYL
STOKES, DEFENDANT-APPELLANT. |
Defendant having moved for leave to appeal from the order of Supreme Court, Erie County dated July 27, 2009, and for other relief,
Now, upon reading and filing the statements of Darryl Stokes dated August 3, 2009, August 13, 2009, and August 31, 2009, the affidavit Darryl Stokes sworn to August 5, 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: In the absence of a statute expressly authorizing a criminal appeal, there is no right to appeal (see People v Laing, 79 NY2d 166, 170 [1992]). There is no statutory provision that allows for the relief that defendant is currently seeking.
Entered: September 15, 2009
Patricia L. Morgan, Clerk