| THE PEOPLE V CIRITO M. CORDERO |
| Motion No: KA 17-01683 |
| Slip Opinion No: 2017 NY Slip Op 91211(U) |
| Decided on October 26, 2017 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 17-01683
Indictment No: 2010-02886X
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CIRITO M.
CORDERO, DEFENDANT-APPELLANT. |
Defendant having moved for leave to appeal from an order of the Erie County Court, dated July 5, 2017, and for other relief,
Now, upon reading and filing the affidavit of Cirito Cordero sworn to September 2, 2017, the notice of motion with proof of service thereof, the affidavit of Donna A. Milling, Esq. sworn to October 2, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks CPL 460.30 relief is dismissed as unnecessary, and
It is further ORDERED that the motion is otherwise denied.
Memorandum: Because defendant's contentions arise out of a criminal proceeding, the Criminal Procedure Law governs (see CPL 1.10 [1][a]). There is no statutory authority, by right or by permission, to appeal to this Court from such an order. Absent such a statute, the order of County Court is not appealable (see generally People v Laing, 79 NY2d 166, 170 [1992]).
Entered: October 26, 2017
Mark W. Bennett, Clerk