| People of State of New York v William Kish |
| Motion No: 2020-00799 DCR |
| Slip Opinion No: 2020 NY Slip Op 72581(U) |
| Decided on September 29, 2020 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
ELIZABETH H. EMERSON, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v William Kish, Appellant. |
On the court's own motion, on an appeal from an order of the Justice Court of the Town of Dover, Dutchess County, entered August 3, 2020; it is
ORDERED, that the appeal is dismissed, as the granting of an adjournment in contemplation of dismissal is not a judgment of conviction (see CPL 170.55 [8]), nor is it a determination on the merits (see Matter of Marie B., 62 NY2d 352, 359 [1984]) and, accordingly, no defense appeal lies therefrom as of right (see CPL 450.10; People v Forde, 2016 NY Slip Op 66285[U] [App Term, 2nd , 11th & 13th Jud Dists 2016]; People v Williams, 2003 NY Slip Op 51293[U] [App Term, 1st Dept 2003]). Moreover, an order of protection is appealable only as part of a judgment of conviction (see People v Nieves, 2 NY3d 310, 315 [2004]; People v Whalen, 49 AD3d 916 [3rd Dept 2008]).
ENTER:
Paul Kenny
Chief Clerk