| People of State of New York v Wayne Breighner |
| Motion No: 2022-00370 SCR |
| Slip Opinion No: 2022 NY Slip Op 73152(U) |
| Decided on October 4, 2022 |
| 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
JERRY GARGUILO, P.J.
ELIZABETH H. EMERSON
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Wayne Breighner, Appellant. |
Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered March 2, 2022, to compel the court to file a return pursuant to CPL§ 460.10.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed as untimely, as the judgment of conviction was rendered on March 2, 2022 and the notice of appeal was not filed until May 2, 2022 (see CPL 460.10 [1] [a]); and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk