| THE PEOPLE V DANIEL JONES |
| Motion No: KA 12-00477 |
| Slip Opinion No: 2012 NY Slip Op 69373(U) |
| Decided on April 2, 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 12-00477
Indictment No: 91-0483-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DANIEL
JONES, DEFENDANT-APPELLANT. |
Defendant having moved for permission to proceed as a poor person on the appeal taken from an order of the Supreme Court, Erie County dated April 25, 2010, and for other relief,
Now, upon reading and filing the affidavit of Daniel Jones, sworn to December 6, 2011, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: There is no statutory authority, by right or by permission, to appeal to this Court from such an order. Absent such a statute, the order of Supreme Court is not appealable (see generally People v Laing, 79 NY2d 166, 170 [1992]), and defendant is not entitled to poor person relief.
Entered: April 2, 2012
Frances E. Cafarell, Clerk