| People v Nellons |
| 2015 NY Slip Op 08306 [133 AD3d 1259] |
| November 13, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Appellant, v Jamel Nellons, Respondent. (Appeal No. 2.) |
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for appellant.
Paul G. Carey, Syracuse, for defendant-respondent.
Appeal from a revised order of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), dated August 7, 2014. The revised order granted in part the motion of defendant to dismiss the indictment by reducing the first count thereof to criminal possession of a controlled substance in the seventh degree.
It is hereby ordered that said appeal is unanimously dismissed (see People v Perez, 130 AD3d 1496, 1496 [2015]; Matter of Kolasz v Levitt, 63 AD2d 777, 779 [1978]). Present—Scudder, P.J., Smith, Centra, Whalen and DeJoseph, JJ.