| People v Mcclary, Letavious |
| Motion No: 2014-09564 |
| Slip Opinion No: 2015 NY Slip Op 62607(U) |
| Decided on January 29, 2015 |
| 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
M186513
E/ct
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2014-09564
The People, etc., respondent, v Letavious Mcclary, appellant. (Ind. No. 1242/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the County Court, Westchester County, entered July 28, 2014, as a poor person and for the assignment of counsel. Motion by the respondent to dismiss the appeal on the ground that the order is not appealable as of right and leave to appeal has not been granted.
Upon the papers filed in support of the motion and the papers filed in opposition and 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 cross motion is granted and the appeal is dismissed (see CPL 450.10, 450.15); and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., HALL, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court