| THE PEOPLE V JEFFREY M. CULBREATH |
| Motion No: KA 12-00696 |
| Slip Opinion No: 2012 NY Slip Op 74184(U) |
| Decided on May 22, 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 12-00696
Indictment No: 93-1068-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JEFFREY M.
CULBREATH, 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 August 16, 2011,
Now, upon reading and filing the affidavit of Jeffrey M. Culbreath sworn to April 10, 2012, 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: May 22, 2012
Frances E. Cafarell, Clerk