People v Whyte, Kevin
Motion No: 2017-11891
Slip Opinion No: 2018 NY Slip Op 86273(U)
Decided on October 16, 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

M256446

E/mm

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2017-11891

The People, etc., plaintiff,

v Kevin Whyte, defendant.

(Ind. No. 2801/98)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to the Court of Appeals from a decision and order on application of this Court dated May 16, 2018, which determined his application 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 October 2, 2017.

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

ORDERED that the motion is denied.

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court