| People of State of New York v Peter J. Buxton |
| Motion No: 2011-02185 rocr |
| Slip Opinion No: 2011 NY Slip Op 86971(U) |
| Decided on October 14, 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 Peter J. Buxton, Appellant. |
Motion by appellant for leave to prosecute an appeal from a determination of the Justice Court of the Village of Spring Valley, Rockland County, dated May 26, 2011, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as the granting of an adjournment in contemplation of dismissal is not a judgment of conviction (see CPL 170.55 [8]) nor is it a determination on the merits (see Matter of Marie B., 62 NY2d 352, 359) and, accordingly, no defense appeal lies therefrom as of right (see CPL 450.10; People v Williams, 2003 NY Slip Op 51293[U] [App Term, 1st Dept 2003]), and an order of protection is appealable only as part of a judgment of conviction (see People v Nieves, 2 NY3d 310, 315 [2004]; People v Whalen, 49 AD3d 916 [2008]); and it is further,
ORDERED that apellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk