| People of State of New York v Lawrence Robinson |
| Motion No: 2010-02953 qcr |
| Slip Opinion No: 2010 NY Slip Op 91036(U) |
| Decided on December 9, 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 2nd, 11th & 13th judicial Districts
MARSHA L. STEINHARDT, J.P.
MICHAEL L. PESCE
MICHELLE WESTON, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Lawrence Robinson, Appellant. |
Motion by appellant for leave to prosecute an appeal from an order of the Criminal Court of the City of New York, Queens County, rendered October 6, 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 thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED, on the court's own motion, that the appeal is dismissed.
"The granting of an adjournment in contemplation of dismissal is not a judgment of conviction (see CPL 170.55 [8]) nor is it a determination on the merits (see Matter of Marie B., 62 NY2d 352, 359) and, accordingly, no defense appeal lies therefrom as of right (see CPL 450.10)" (People v Williams, 2003 NY Slip Op 51293[U] [App Term, 1st Dept 2003]).
ENTER:
Paul Kenny
Chief Clerk