People v Smith, Kevin
Motion No: 2016-01049
Slip Opinion No: 2016 NY Slip Op 72899(U)
Decided on May 6, 2016
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

M211069

E/ct

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2016-01049

The People, etc., respondent,

v Kevin Smith, appellant.

(Ind. No. 439/15)

DECISION & ORDER ON MOTION

Appeal by Kevin Smith from an order of the Supreme Court, Queens County, dated June 29, 2015. By order to show cause dated March 8, 2016, 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 is not appealable.

Now, upon the order to show cause and no papers having been 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).

DILLON, J.P., CHAMBERS, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court