| THE PEOPLE V JAMES F. DUPONT, III Indictment No: 4352 |
| Motion No: KA 10-00252 |
| Slip Opinion No: 2010 NY Slip Op 86355(U) |
| Decided on October 26, 2010 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KA 10-00252
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES F.
DUPONT, III, DEFENDANT-APPELLANT. Indictment No: 4352 |
Defendant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken from an order of the Genesee County Court, entered August 18, 2010,
Now, upon reading and filing the affidavit of James F. Dupont, III, sworn to February 1, 2010, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: The order denying a modification petition pursuant to Correction Law 168-o is not appealable. To the extent that People v Higgins (55 AD3d 1303 [2008]) may be read to hold otherwise, the parties never raised, and this Court did not consider, the issue of appealability.
Entered: October 26, 2010
Patricia L. Morgan, Deputy Clerk