People v Perkins, Derrick
Motion No: 2022-10057
Slip Opinion No: 2023 NY Slip Op 68845(U)
Decided on June 16, 2023
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

M289588

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

BARRY E. WARHIT, JJ.

2022-10057

The People, etc., respondent,

v Derrick Perkins, appellant.

(Ind. No. 2471/2016)

DECISION & ORDER ON MOTION

Appeal by Derrick Perkins from an order of the Supreme Court, Queens County, dated September 7, 2022. By order to show cause dated April 14, 2023, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that

the order dated September 7, 2022, is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15). By decision and order on application of this Court dated June 9, 2023, the application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order was denied.

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal purportedly taken as of right is dismissed, without costs or disbursements.

CONNOLLY, J.P., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court