| People v Martinez, Julio |
| Motion No: 2012-09301 |
| Slip Opinion No: 2013 NY Slip Op 92975(U) |
| Decided on December 4, 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. |
Appellate Division: Second Judicial Department
M166035
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2012-09301
The People, etc., respondent, v Julio Martinez, appellant. (Ind. No. 02-03835)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Rockland County, dated September 5, 2012, on the ground that the order is not appealable as of right and the appellant has not been granted leave to appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the order is not appealable as of right and the appellant has not been granted leave to appeal is granted, and the appeal is dismissed (see CPL 450.10; 450.15); and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., DICKERSON, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court