| People v Walker, Thomas |
| Motion No: 2010-03580 |
| Slip Opinion No: 2010 NY Slip Op 69695(U) |
| Decided on April 27, 2010 |
| 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
M101885
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2010-03580 The People, etc., respondent, v Thomas Walker III, appellant. (Ind. No. 867-88)
| DECISION & ORDER ON MOTION |
Appeal by Thomas Walker III from an order of the County Court, Suffolk County, dated August 20, 2007.
Now, upon the court's own motion, it is
ORDERED that the appeal is dismissed on the ground that so much of the order as denied the branch of the defendant's motion which was to vacate his sentence is not appealable as of right and leave to appeal has not been granted (see CPL 450.10; 450.15), and the time to seek leave to appeal has expired (see CPL 460.30), and the appeal from so much of the order as denied the branch of the defendant's motion which was to be resentenced under the Drug Law Reform Act (L2005, Ch 643) is untimely (see CPL 460.30).
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court