People v Pelaccio, Michael
Motion No: 2013-03934
Slip Opinion No: 2013 NY Slip Op 78934(U)
Decided on July 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

M158834

E/nl

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2013-03934, 2013-03937, 2013-04284

The People, etc., respondent,

v Michael Pelaccio, appellant.

(Ind. Nos. 09-01661, 10-00483, 11-00711)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute appeals from three executions of sentences of the County Court, Westchester County, all imposed May 3, 2012, as a poor person, and for the assignment of counsel. Cross motion by the respondent to dismiss the appeals on the ground that no appeal lies from an execution of sentence.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the cross motion is granted and the appeals are dismissed (see People v Crawford, 239 AD2d 514); and it is further,

ORDERED that the motion is denied as academic

SKELOS, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court