People v DeVargas, Silvio
Motion No: 2009-08472
Slip Opinion No: 2010 NY Slip Op 70098(U)
Decided on April 30, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M102090

S/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-08472

The People, etc., respondent,

v Silvio DeVargas, appellant.

(Ind. No. 1474/03)

DECISION & ORDER ON MOTION

Appeal by Silvio De Vargas from an order of the County Court, Nassau County, dated August 5, 2009.

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

ORDERED that the appeal is dismissed as the order dated August 4, 2009, is not appealable as of 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