Appellate Division: Second Judicial Department

M297486

AFA/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

LILLIAN WAN

CARL J. LANDICINO, JJ.

2023-05738 The People, etc., respondent, v Rafael Davila, appellant. (Ind. No. 4698/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 23, 2023. By order to show cause dated November 1, 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 June 23, 2023, 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 motion of this Court dated March 18, 2024, the application by the defendant, in effect, pursuant to CPL 460.30 for an extension of time to make a make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order was granted and the motion to dismiss the appeal was held in abeyance in the interim. By decision and order on application of this Court dated May 13, 2024, 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 the papers 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.

IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court