| THE PEOPLE V ROBERT CARELOCK |
| Motion No: KA 13-01172 |
| Slip Opinion No: 2013 NY Slip Op 82895(U) |
| Decided on August 16, 2013 |
| 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, PERADOTTO, WHALEN, AND MARTOCHE, JJ.
KA 13-01172
Indictment No: 2005-0203
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V ROBERT CARELOCK, DEFENDANT-APPELLANT. |
Defendant having moved for permission to proceed as a poor person on the appeal taken from an order of the Supreme Court, Monroe County dated April 22, 2013, and for other relief,
Now, upon reading and filing the affidavits of Robert Carelock sworn to May 19, 2013 and June 4, 2013, the notice of motion with proof of due service thereof, the affidavit of Robert Carelock sworn to June 4, 2013, the statement of Robert Carelock dated June 28, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Because defendant's contentions arise out of a criminal proceeding, the Criminal Procedure Law governs (see CPL 1.10[1][a]). 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: August 16, 2013
Frances E. Cafarell, Clerk