| THE PEOPLE, V ELBERT J. WELCH, |
| Motion No: KA 12-00069 |
| Slip Opinion No: 2012 NY Slip Op 62325(U) |
| Decided on January 25, 2012 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 12-00069
Indictment Nos: 1999-128 and
1999-051
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT V ELBERT J.
WELCH, DEFENDANT-APPELLANT |
Defendant, pro se, moves for leave to appeal from the order of Niagara County Court, dated November 10, 2011, and for other relief,
Now, upon reading and filing the affidavit of Elbert J. Welch sworn to November 29, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Because defendant's contentions arise out of a criminal proceeding, the Criminal Procedure Law governs (see CPL 1.10 [1][a]). There is no statutory authority, by right or by permission, to appeal to this Court from such an order. Absent such a statute, County Court's order is not appealable (see generally People v Laing, 79 NY2d 166, 170 [1992]).
Entered: January 25, 2012
Frances E. Cafarell, Clerk