People v Nunez, Luis
Motion No: 2011-06489
Slip Opinion No: 2011 NY Slip Op 89967(U)
Decided on November 17, 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

M128780

E/sl

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-06489

The People, etc., respondent,

v Luis Nunez, appellant.

(Ind. No. 99-00361)

DECISION & ORDER ON MOTION

Motion by Luis Nunez, in effect, for leave to appeal to this Court from a resentence of the County Court, Rockland County, imposed June 13, 2011.

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

ORDERED that the motion is denied as unnecessary as an appeal lies as of right from the resentence (see CPL 450.10[2]) and a notice of appeal from the resentence was timely filed.

MASTRO, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court