People v Patterson, Robert
Motion No: 2014-06112
Slip Opinion No: 2014 NY Slip Op 85889(U)
Decided on October 8, 2014
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M180886

T/ct

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2014-06112

The People, etc., respondent,

v Robert Patterson, appellant.

(Ind. No. 14-00131)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the County Court, Westchester County, entered April 30, 2014, as a poor person, and for the assignment of counsel. Cross motion by the respondent to dismiss the appeal on the ground that the order is not appealable either by right or by permission.

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

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see CPL 450.10; 450.15); and it is further,

ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied as academic.

SKELOS, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court