| People of State of New York v Whitfield |
| Motion No: 2010-05602 |
| Slip Opinion No: 2010 NY Slip Op 79585(U) |
| Decided on August 13, 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
M107002
E/sl
JOSEPH COVELLO, J.P.
DANIEL D. ANGIOLILLO
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2010-05602 People of State of New York, respondent, v John Whitfield, appellant.
(Ind. No. 2132/89)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated May 24, 2010, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed as the order dated May 24, 2010, is not appealable as of right or by permission (see CPL 450.10; 450.15); and it is further,
ORDERED that the appellant's motion is denied as academic.
COVELLO, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court