| People v Melendez, Virgino |
| Motion No: 2010-02643 |
| Slip Opinion No: 2010 NY Slip Op 72537(U) |
| Decided on May 26, 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
M103282
E/sl
STEVEN W. FISHER, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2010-02643 The People, etc., respondent, v Virgino Melendez appellant. (Ind. No. 04-01625)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the County Court, Westchester County, dated January 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 January 5, 2010, is not appealable as of right or by permission (see CPL 450.10; 450.15); and it is further,
ORDERED that the motion is denied as academic.
FISHER, J.P., HALL, AUSTIN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court