People v Herrera, Jenry E.
Motion No: 2015-05555
Slip Opinion No: 2015 NY Slip Op 87763(U)
Decided on October 16, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M200078

E/ct

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX, JJ.

2015-05555

The People, etc., respondent,

v Jenry E. Herrera, appellant.

(Ind. No. 957/08)

DECISION & ORDER ON MOTION

Appeal by Jenry E. Herrera from an order of the Supreme Court, Nassau County, dated May 18, 2015. By order to show cause dated July 15, 2015, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated May 18, 2015, is not appealable as of right and leave to appeal has not been granted.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see CPL 450.10, 450.15), without prejudice to making a formal application for leave to appeal to this Court from the order dated May 18, 2015.

ENG, P.J., DICKERSON, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court