People of State of New York v Nicole Price
Motion No: 2013-00772 QCR
Slip Opinion No: 2014 NY Slip Op 62104(U)
Decided on January 15, 2014
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 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2013-772 Q CR
The People of the State of New York, Respondent, v Nicole Price, Appellant.

Motion by Steven Banks, Esq., counsel assigned to represent appellant on an appeal from a determination of the Criminal Court of the City of New York, Queens County, dated March 4, 2013, to be relieved of representing appellant on the appeal and to dismiss the appeal.

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

ORDERED that the branch of the motion seeking to dismiss the appeal is granted and the appeal is dismissed, as no appeal as of right lies from the granting of an adjournment in contemplation of dismissal (see CPL 450.10; People v Williams, 2003 NY Slip Op 51293[U] [App Term, 1st Dept 2003]); and it is further,

ORDERED that the branch of the motion seeking to be relieved is granted.

ENTER:

Paul Kenny

Chief Clerk