| People v Benavides, Adrian |
| Motion No: 2010-02462 |
| Slip Opinion No: 2010 NY Slip Op 72430(U) |
| Decided on May 25, 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
M102956
E/sl
MARK C. DILLON, J.P.
HOWARD MILLER
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2010-02462 The People, etc., respondent, v Adrian Benavides, appellant. (Ind. No. 1424/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated February 5, 2010, 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 as the order dated February 5, 2010, is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15); and it is further,
ORDERED that the appellant's motion is denied as academic.
DILLON, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court