People v Scott
2012 NY Slip Op 01991 [93 AD3d 1239]
March 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


The People of the State of New York, Appellant, v Ronald B. Scott, Respondent.

—[*1] Lori Pettit Rieman, District Attorney, Little Valley, for appellant.

Mark S. Williams, Public Defender, Olean, for defendant-respondent.

Appeal from an amended decision of the Cattaraugus County Court (Larry M. Himelein, J.), dated December 29, 2010. The amended decision dismissed the indictment against defendant.

It is hereby ordered that said appeal is unanimously dismissed.

Memorandum: The People appeal from an amended decision granting defendant's motion to dismiss the indictment pursuant to CPL 30.30. The appeal must be dismissed because no judgment or order is included in the record on appeal, and "[n]o appeal lies from a decision" (People v McCarter, 97 AD2d 852 [1983]). Present—Scudder, P.J., Centra, Carni, Lindley and Martoche, JJ.