People v Mercado, Matthew
Motion No: 2024-07623
Slip Opinion No: 2024 NY Slip Op 76490(U)
Decided on October 16, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M300034

KS/

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2024-07623

The People, etc., respondent,

v Matthew Mercado, appellant.

(Ind. Nos. 70138/2020, 238/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the County Court, Orange County, dated May 31, 2024. Motion by the respondent to dismiss the appeal on the ground that the order dated May 31, 2024, 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 decided herewith, the application by the appellant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order is being denied.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the appeal purportedly taken as of right is dismissed (see CPL 450.10, 450.15).

BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court