| People of State of New York v Christina Guervil |
| Motion No: 2016-00916 KCR |
| Slip Opinion No: 2016 NY Slip Op 95254(U) |
| Decided on December 15, 2016 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Christina Guervil, Appellant. |
Motion by respondent to dismiss an appeal from so much of an order of the Criminal Court of the City of New York, Kings County, dated February 29, 2016, as denied the branch of appellant's motion seeking, pursuant to CPL 420.10 (5), to be resentenced so as to delete a $95 mandatory surcharge (see Penal Law § 60.35 [1] [a] [iii]).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that respondent's motion is granted and the appeal is dismissed, as the order dated February 29, 2016 is not appealable (see CPL 450.10, 450.15; see also People v Pagan, 19 NY3d 368 [2012]; cf. People v Swank, 278 AD2d 861 [2000]; People v Stakowski, 276 AD2d 909 [2000]).
Pesce, P.J., Aliotta and Solomon, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk