People v Espinal, Carlos
Motion No: 2009-01517
Slip Opinion No: 2012 NY Slip Op 89624(U)
Decided on November 7, 2012
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

M145820

E/ct

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-01517

The People, etc., respondent,

v Carlos Espinal, appellant.

(Ind. No. 2366/08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the County Court, Suffolk County, rendered January 23, 2009 , for failure to timely perfect.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RIVERA, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court