People of State of New York v Dolly Brooks
Motion No: 2014-00879 SCR
Slip Opinion No: 2014 NY Slip Op 79125(U)
Decided on July 9, 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 9th & 10th judicial Districts

ANGELA G. IANNACCI, J.P.

ANTHONY MARANO

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2014-879 S CR
The People of the State of New York, Respondent, v Dolly Brooks, Appellant.

Motion by respondent to dismiss appeals from a judgment of conviction of the District Court of Suffolk County, rendered October 4, 2013, and a determination of the same court dated October 5, 2013.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion seeking to dismiss the appeal from the judgment of conviction is granted and the appeal is dismissed as untimely (see CPL 460.10, 460.30); and it is further,

ORDERED that the branch of the motion seeking to dismiss the appeal from the determination dated October 5, 2013 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]).

ENTER:

Paul Kenny

Chief Clerk