People v Batista, Antonio
Motion No: 2010-10539
Slip Opinion No: 2011 NY Slip Op 60809(U)
Decided on January 10, 2011
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M113357

E/sl

ANITA R. FLORIO, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2010-10539

The People, etc., respondent,

v Antonio Batista, appellant.

(Ind. No. 10602/00)

DECISION & ORDER ON MOTION

Appeal by Antonio Batista from an order of the Supreme Court, Queens County, dated October 4, 2010.

On the Court's own motion, it is

ORDERED that the appeal is dismissed as the order dated October 4, 2010, is not appealable as of right and leave to appeal has not been granted (see CPL 450.10; 450.15).

FLORIO, J.P., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court