Appellate Division: Second Judicial DepartmentM270850

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

PAUL WOOTEN, JJ.

2019-11798 The People, etc., respondent, v Randy Summerville, appellant. (Ind. No. 779N/12)

DECISION & ORDER ON MOTION

Appeal by Randy Summerville from an order of the Supreme Court, Nassau County, dated September 11, 2018. By order to show cause dated December 9, 2019, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the portion of the order dated September 11, 2019, which denied relief pursuant to CPL 440, is not appealable as of right and leave to appeal has not been granted, and the portion of the order which denied renewal of the appellant's prior motion pursuant to CPL 330 is neither appealable as of right nor by permission. Motion by the appellant for leave to appeal from so much of the order as denied renewal of the appellant's prior motion pursuant to CPL 330.

Now, on the Court's own motion and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellant's motion for leave to appeal from so much of the order as denied renewal of the appellant's prior motion pursuant to CPL 330 is denied; and it is further,

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

DILLON, J.P., BALKIN, COHEN and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court