| People v Oppenheimer, Antonio |
| Motion No: 2014-08868 |
| Slip Opinion No: 2015 NY Slip Op 67873(U) |
| Decided on March 23, 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
M189416
T/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX, JJ.
|
2014-08868 The People, etc., respondent, v Antonio Oppenheimer, appellant. (Ind. No. 92-02033)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a "uniform sentence and commitment" of the Supreme Court, Westchester County, dated August 21, 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 "uniform sentence and commitment" 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 motion and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted, and the appeal is dismissed (see CPL 450.10; 450.15), without prejudice to the appellant seeking any appropriate relief in the Supreme Court, Westchester County; and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., LEVENTHAL, SGROI and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court