People v Griffin, Donald
Motion No: 2013-00808
Slip Opinion No: 2013 NY Slip Op 75635(U)
Decided on June 3, 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

M157072

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2013-00808

The People, etc., respondent,

v Donald Griffin, appellant.

(Ind. No. 188/86)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, entered December 17, 2012, as a poor person, and for the assignment of counsel. By decision and order on motion of this Court dated April 17, 2013, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from so much of the order entered December 17, 2012, as denied relief pursuant to CPL 440.10 on the ground that the portion of the order was not appealable either as of right or by permission.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal from so much of the order entered December 17, 2012, as denied relief pursuant to CPL 440.10, is granted, and the appeal from that portion of the appeal is dismissed.

RIVERA, J.P., DILLON, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court