People v Johnson, Daquan
Motion No: 2023-08387
Slip Opinion No: 2025 NY Slip Op 65692(U)
Decided on March 28, 2025
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

M303875

AFA/

LARA J. GENOVESI, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

JAMES P. MCCORMACK, JJ.

2023-08387

The People, etc., respondent,

v Daquan Johnson, appellant.

(Ind. No. 70007/2008)

DECISION & ORDER ON MOTION

By order to show cause dated October 28, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that an order of the County Court, Nassau County, dated July 24, 2023, is neither appealable as of right nor by permission (see CPL 450.10, 450.15), and/or on the ground that the order is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15).

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is denied, as the appeal is from a resentence of the County Court, Nassau County, imposed July 24, 2023 (see CPL 450.10[2]).

GENOVESI, J.P., MILLER, DOWLING and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court