| People v Smith, Tyrone |
| Motion No: 2023-03840 |
| Slip Opinion No: 2023 NY Slip Op 71407(U) |
| Decided on August 9, 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. |
Appellate Division: Second Judicial Department
M290466
AFA/
VALERIE BRATHWAITE NELSON, J.P.
WILLIAM G. FORD
DEBORAH A. DOWLING
BARRY E. WARHIT, JJ.
|
2023-03840 The People, etc., respondent, v Tyrone Smith, appellant. (Ind. No. 2145/2008)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated August 7, 2023, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal from an order of the Supreme Court, Suffolk County, dated March 1, 2023.
By order to show cause dated May 24, 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 March 1, 2023, is neither appealable as of right nor by permission. Motion by Tyrone Smith for leave to appeal to this Court from the order.
Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion by Tyrone Smith and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to appeal to this Court from the order is denied; and it is further,
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPL 450.10, 450.15).
BRATHWAITE NELSON, J.P., FORD, DOWLING and WARHIT, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court