| THE PEOPLE V CORNELIUS JOHNSON |
| Motion No: KA 09-01831 |
| Slip Opinion No: 2009 NY Slip Op 87213(U) |
| Decided on October 22, 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 09-01831
Indictment No: 96-2149-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CORNELIUS
JOHNSON, DEFENDANT-APPELLANT. |
Appellant having moved for leave to appeal from an order of Erie County Court, entered August 7, 2009,
Now, upon reading and filing the affidavit of Cornelius Johnson sworn to August 25, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Raymond C. Herman sworn to September 30, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is denied.
MEMORANDUM: There is no statute authorizing an appeal by permission or as of right from the order of County Court denying the motion of defendant to compel the disclosure of grand jury minutes.
Entered: October 22, 2009
Patricia L. Morgan, Clerk