| People of State of New York v Julio Leal Tomax |
| Motion No: 2011-00324 orcr |
| Slip Opinion No: 2011 NY Slip Op 70809(U) |
| Decided on April 18, 2011 |
| 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
JOHN R. LaCAVA, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Julio Leal Tomax, Appellant. |
Motion by respondent to dismiss an appeal from an order of the Justice Court of the Town of Chester, Orange County, entered December 6, 2010.
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 granted and the appeal is dismissed.
No appeal as of right lies from an order denying a motion made pursuant to CPL 440.10 to vacate a judgment (see CPL 450.10, 450.15).
ENTER:
Paul Kenny
Chief Clerk