| People of State of New York v Guy A. Marshall |
| Motion No: 2007-00858 scr |
| Slip Opinion No: 2010 NY Slip Op 88797(U) |
| Decided on November 17, 2010 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Guy A. Marshall, Appellant. |
Motion by appellant for leave to reargue an appeal from a judgment of the District Court of Suffolk County, First District, rendered April 25, 2007, which was determined by decision and order of this court dated July 10, 2010, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
We note that no appeal lies to the Appellate Division from an order of this court affirming a judgment of conviction (see CPL 460.20; People v Graham, 177 Misc 2d 542, 543-544 [1998], affd 93 NY2d 934 [1999]).
ENTER:
Angela G. Iannacci
Associate Justice