| People v C., Nymeen |
| Motion No: 2022-09453 |
| Slip Opinion No: 2024 NY Slip Op 66284(U) |
| Decided on April 19, 2024 |
| 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
M295841
AFA/
ANGELA G. IANNACCI, J.P.
CHERYL E. CHAMBERS
WILLIAM G. FORD
LILLIAN WAN, JJ.
|
2022-09453 The People, etc., respondent, v Nymeen C., appellant. (Ind. No. 12564/2008)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated November 14, 2022, issued pursuant to CPL 440.47. Motion by the respondent to dismiss the appeal, in effect, on the ground that no appeal lies from an order dismissing without prejudice a motion for resentencing pursuant to CPL 440.47.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended, and on or before May 20, 2024, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
IANNACCI, J.P., CHAMBERS, FORD and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court