People v Rhodes, Oscar
Motion No: 2018-01060
Slip Opinion No: 2018 NY Slip Op 77947(U)
Decided on July 17, 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.


Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M252455 J/mm

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2018-01060

The People, etc., respondent,

v Oscar Rhodes, appellant.

(Ind. No. 2911/97)

DECISION & ORDER ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Queens County, dated November 9, 2017.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see CPL 450.10[5]); and it is further,

ORDERED that on the Court's own motion, the moving papers are deemed to constitute a timely notice of appeal.

CHAMBERS, J.P., SGROI, MILLER, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court