| People etc. v Marcos Llibre |
| Motion No: 2015-44 |
| Slip Opinion No: 2015 NY Slip Op 68524 |
| Decided on March 31, 2015 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
The People etc.,
Respondent,
v
Marcos Llibre,
Appellant.
Motion to dismiss appeal denied. A criminal leave application to the New York Court of Appeals is assigned to and decided by a single Judge of the Court (see CPL 460.20[4]; Rules of Ct of Appeals [22 NYCRR] § 500.20). While a motion to the full Court to dismiss the appeal may be made on the ground that there is no jurisdiction over the appeal, a motion may not be made, as it has been here, upon the ground that leave was improvidently granted. Such motion does not constitute a basis for the full Court to dismiss an appeal taken pursuant to leave of a single Judge of this Court.