| People v Gayle, Tyrin |
| Motion No: 2010-10915 |
| Slip Opinion No: 2011 NY Slip Op 60812(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. |
Appellate Division: Second Judicial Department
M113354
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2010-10915, 2010-12140 The People, etc., respondent, v Tyrin Gayle, appellant. (Ind. No. 09-00128)
| DECISION & ORDER ON MOTION |
Appeals by Tyrin Gayle from a judgment of the County Court, Orange County, rendered June 11, 2009 (Appellate Division Docket No. 2010-10915), and an order of the same court dated September 16, 2010 (Appellate Division Docket No. 2010-12140).
On the Court's own motion, it is
ORDERED that the appeal from the judgment rendered June 11, 2009 (Appellate Division Docket No. 2010-10915), is dismissed as the notice of appeal is untimely (see CPL 460.10[1][a], 460.30), and the appellant did not move for leave to file a late notice of appeal; and it is further,
ORDERED that the appeal from the order dated September 16, 2010 (Appellate Division Docket No. 2010-12140), is dismissed as the order is not appealable as of right and leave to appeal has not been granted (see CPL 450.10; 450.15).
DILLON, J.P., ANGIOLILLO, BELEN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court