Appellate Division: Second Judicial Department

M306858

AFA/

CHERYL E. CHAMBERS, J.P.

LINDA CHRISTOPHER

CARL J. LANDICINO

PHILLIP HOM, JJ.

2025-05785 The People, etc., respondent, v Shatell Spurgeon, appellant. (Ind. No. 842/2003)

DECISION & ORDER ON MOTION

Appeal from a purported order of the Supreme Court, Queens County, dated March 12, 2025. By order to show cause dated June 9, 2025, 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 no order of the Supreme Court, Queens County, dated March 12, 2025, was issued in the above-entitled matter. Application by the appellant to deem the notice of appeal from the purported order dated March 12, 2025, to be a premature notice of appeal from an order of the same court dated April 29, 2025, issued pursuant to CPL 440.47.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the application is granted, the notice of appeal from the purported order dated March 12, 2025, is deemed to be a premature notice of appeal from the order dated April 29, 2025, issued pursuant to CPL 440.47.

CHAMBERS, J.P., CHRISTOPHER, LANDICINO and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court