| People v Garay, Enoch |
| Motion No: 2011-00422 |
| Slip Opinion No: 2011 NY Slip Op 64873(U) |
| Decided on February 22, 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
M115849
T/sl
JOSEPH COVELLO, J.P.
L. PRISCILLA HALL
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2011-00422 The People, etc., plaintiff, v Enoch Garay, defendant. (Ind. No. 780-97)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from an order of the County Court, Suffolk County, dated December 2, 2010. The defendant's application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated December 2, 2010, was denied by decision and order on application of this Court dated February 4, 2011.
Now, on the Court's own motion, it is
ORDERED that the appeal taken as of right is dismissed, as the order dated December 2, 2010, is not appealable as of right and leave to appeal has been denied (see CPL 450.10; 450.15).
COVELLO, J.P., HALL, COHEN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court