| People of State of New York v Alphonso Simmons |
| Motion No: 2011-02618 rocr |
| Slip Opinion No: 2011 NY Slip Op 92144(U) |
| Decided on December 2, 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.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Alphonso Simmons, Appellant. |
Appeal from orders of the Justice Court of the Town of Orangetown, Rockland County, dated April 21, 2010 and September 8, 2011, respectively.
On the court's own motion, it is
ORDERED that so much of the appeal as is from the order dated April 21, 2010 is dismissed on the ground that no appeal lies from an order arising out of a criminal proceeding absent specific statutory authorization (see CPL 450.10; 450.15; People v Herrara, 171 AD2d 85, 87 [1991]), and so much of the appeal as is from the order dated September 8, 2011 is dismissed, as the order is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15).
ENTER:
Paul Kenny
Chief Clerk