People of State of New York v Theodore
Motion No: 2009-07941
Slip Opinion No: 2009 NY Slip Op 89763(U)
Decided on November 27, 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

M95065

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2009-07941

People of State of New York, respondent,

v Louis Theodore, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated July 1, 2009, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from the order as of right or by permission (see Corrections Law 168-o; CPL 450.10, 450.15); and it is further,

ORDERED that the motion is denied as academic.

RIVERA, J.P., DICKERSON, HALL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court