Appellate Division: Second Judicial Department

M261218

E/mm

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2016-01747 The People, etc., respondent, v Mark Baugh, appellant. (Ind. No. 3295/06)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated January 19, 2016. By order to show cause dated May 11, 2018, the appellant was directed to show cause before this Court why the appeal from the order, except so much of the order as determined the branch of the appellant's motion which was pursuant to CPL 440.30(1-a), should not be dismissed on the ground that it was not appealable as of right and leave to appeal had not been granted. By decision and order on motion of this Court dated September 21, 2018, the motion to dismiss the appeal was held in abeyance. By decision and order on application of this Court dated February 26, 2019, 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, except so much of the order as determined the branch of the appellant's motion which was pursuant to CPL 440.30(1-a), was denied.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal from the order, except so much of the order as determined the branch of the appellant's motion which was pursuant to CPL 440.30(1-a), is granted.

RIVERA, J.P., COHEN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court