People of State of New York v Gary Woods
Motion No: 2013-02173 orcr
Slip Opinion No: 2013 NY Slip Op 91815(U)
Decided on October 29, 2013
Appellate Term, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

ANTHONY MARANO, J.P.

FRANCIS A. NICOLAI

HECTOR D. LaSALLE, JJ.

DECISION & ORDER ON MOTION

2013-2173 OR CR
The People of the State of New York, Appellant, v Gary Woods, Respondent.

Appeal from a decision of the Justice Court of the Town of Montgomery, Orange County, rendered September 9, 2013.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as an appeal does not lie by the People from a judgment on the merits in favor of a defendant in a criminal case (see People v Pantano, 46 AD2d 914 [1974]; People v Hyland, 22 Misc 3d 129[A], 2009 NY Slip Op 50058[U] [App Term, 9th & 10th Jud Dists 2009]).

ENTER:

Paul Kenny

Chief Clerk