People v Parker, John
Motion No: 2010-08051
Slip Opinion No: 2011 NY Slip Op 60993(U)
Decided on January 11, 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

M113593

E/sl

JOSEPH COVELLO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2010-08051

The People, etc., respondent,

v John Parker, appellant.

(Ind. Nos. 10202/93, 11270/93)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this Court dated September 28, 2010, which dismissed an appeal from an order of the Supreme Court, Queens County, dated July 8, 2010, on the ground that the order was not appealable as of right and leave to appeal had not been granted (see CPL 450.10; 450.15), on th ground that the order is appealable as of right.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

COVELLO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court