People v Marcel, Daniel
Motion No: 2009-10111
Slip Opinion No: 2009 NY Slip Op 88076(U)
Decided on November 6, 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

M94088

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-10111

The People, etc., respondent,

v Daniel Marcel, appellant.

(S.C.I.. No. 8427/03)

DECISION & ORDER ON MOTION

Appeal by Daniel Marcel from an order of the Supreme Court, Kings County, dated September 30, 2009.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed as the order is not appealable by right and leave to appeal has not been granted (see CPL 450.10; 450.15).

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court