| People v Ellison, Robert |
| Motion No: 2010-08307 |
| Slip Opinion No: 2010 NY Slip Op 85827(U) |
| Decided on October 21, 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
M109888
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2010-08307 The People, etc., respondent, v Robert Ellison, appellant. (Ind. No. 08-00765)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to deem the notice of appeal from a determination of the County Court, Westchester County, dated July 21, 2009, to be a premature notice of appeal from a judgment of the same court rendered July 28, 2010.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the notice of appeal from the determination dated July 21, 2009, is deemed to be a premature notice of appeal from the judgment rendered July 28, 2010 (see CPL 460.10[6]).
BALKIN, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court