| People v Ouni |
| 2009 NY Slip Op 08843 [67 AD3d 1029] |
| November 24, 2009 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Ali Ouni, Appellant. |
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Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Ronald E. Sternberg and Scott
Shorr of counsel), for respondent.
Appeal by the defendant, as limited by his brief, from an oral decision of the Supreme Court, Kings County (Brennan, J.), dated January 21, 2009, denying his request for an adjournment.
Ordered that the appeal is dismissed.
It is settled that "[t]he right to appeal in a criminal action is purely statutory" (People v Taylor, 99 AD2d 820 [1984]; see People v Stevens, 91 NY2d 270, 277 [1998]). The oral denial of the defendant's request for an adjournment is not a ruling from which a defendant may take an appeal either as of right (see CPL 450.10) or by permission (see CPL 450.15). The appeal, therefore, must be dismissed (cf. People v Oskroba, 305 NY 113, 117 [1953]). Fisher, J.P., Santucci, Dickerson, Chambers and Lott, JJ., concur.