| People v Martinez, Jose |
| Motion No: 2009-09206 |
| Slip Opinion No: 2009 NY Slip Op 90485(U) |
| Decided on December 7, 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. |
Appellate Division: Second Judicial Department
M95451
E/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2009-09206 The People, etc., respondent, v Jose Martinez, appellant.
(Ind. No. 07-00360)
| DECISION & ORDER ON MOTION |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a purported judgment of the County Court, Westchester County, rendered October 8, 2008.
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 on the ground that no appeal lies from the purported judgment, as the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered October 10, 2007, to be brought to execution (see People v Crawford, 239 AD2d 514); and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., MILLER, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court