People v McCoy, Lathaniel
Motion No: 2017-02070
Slip Opinion No: 2017 NY Slip Op 81036(U)
Decided on July 27, 2017
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

M234984

E/ct

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2017-02070

The People, etc., respondent,

v Lathaniel McCoy, appellant.

(Ind. 3817/10)

DECISION & ORDER ON MOTION

Appeal by Lathaniel McCoy from an order of the Supreme Court, Kings County, dated November 30, 2016. By order to show cause dated May 3, 2017, 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 November 30, 2016, is not appealable by right and leave to appeal had not been granted. By decision and order on application of this Court dated July 6, 2017, a Justice of this Court denied the appellant's application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated November 30, 2016.

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).

HALL, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court