People v Smith, Roy
Motion No: 2019-05244
Slip Opinion No: 2019 NY Slip Op 78550(U)
Decided on August 30, 2019
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

M265580

kbp/

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2019-05244

The People, etc., respondent,

v Roy Smith, appellant.

(Ind. No. 2336/03)

DECISION & ORDER ON MOTION

Appeal by Roy Smith from an order of the Supreme Court, Kings County, dated April 30, 2019. By order to show cause dated May 28, 2019, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the order is not appealable as of right and leave to appeal has not been granted.

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see CPL 450.10, 450.15).

MASTRO, J.P., LEVENTHAL, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court