People v DeFreitas, Miguel
Motion No: 2020-07842
Slip Opinion No: 2021 NY Slip Op 64935(U)
Decided on April 19, 2021
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

M276715

E/sl

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

LINDA CHRISTOPHER, JJ.

2020-07842

The People, etc., respondent,

v Miguel DeFreitas, appellant.

(Ind. No. 77897/1991)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered October 2, 2020. Motion by the respondent to dismiss the appeal on the ground that the order is neither appealable as of right nor by permission. Separate motion by the appellant pro se to waive certification of the appellant's appendix pursuant to 22 NYCRR 1250.7(g).

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

ORDERED that the respondent's motion is denied; and it is further,

ORDERED that the appellant's motion is denied without prejudice to renew upon proper papers, including a copy of the proposed appellant's appendix.

RIVERA, J.P., HINDS-RADIX, DUFFY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court