People v Brown, Carlos
Motion No: 2011-05556
Slip Opinion No: 2013 NY Slip Op 61600(U)
Decided on January 15, 2013
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

M149562

E/sl

REINALDO E. RIVERA, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-05556

The People, etc., respondent,

v Carlos Brown, appellant.

(Ind. No. 89-10125)

DECISION & ORDER ON MOTION

Appeal by the defendant from a jury verdict convicting him in the County Court, Orange County, on April 8, 2011. By order to show cause dated December 11, 2012, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal pending under Appellate Division Docket No. 2011-05556 on the ground that the appeal is from a jury verdict rendered on April 8, 2011, and is neither appealable as of right or by permission, and the defendant has perfected an appeal from the judgment rendered June 22, 2011, which was assigned Appellate Division Docket No. 2011-06655.

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPL 450.10, 450.15).

RIVERA, J.P., LOTT, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court