| People of State of New York v Torres |
| Motion No: 2017-09967 |
| Slip Opinion No: 2018 NY Slip Op 71164(U) |
| Decided on May 2, 2018 |
| 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. |
Appellate Division: Second Judicial Department
M249529
E/afa
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2017-09967 People of State of New York, respondent, v Elvis Torres, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel on an appeal from an order of the County Court, Suffolk County, dated July 28, 2017, to be relieved on the ground that no appeal lies from an order issued upon the consent of the appealing party. By order to show cause dated March 19, 2018, 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 no appeal lies from an order issued upon the consent of the appealing party and the motion by assigned counsel was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of assigned counsel's motion and the papers filed in relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that assigned counsel's motion is granted.
LEVENTHAL, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court