People v Joseph R.
2011 NY Slip Op 05116 [17 NY3d 767]
June 14, 2011
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 7, 2011


[*1]
The People of the State of New York, Respondent,
v
Joseph R., Appellant.

Decided June 14, 2011

People v Joseph R., 74 AD3d 1244, reversed.

APPEARANCES OF COUNSEL

O'Sullivan & Zacchea, PLLC, Kew Gardens (Daniel R. DeMarco of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead (Thomas Constant of counsel), for respondent.

{**17 NY3d at 768} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, and case remitted to the Appellate Division, Second Department, with directions to dismiss the People's appeal to that court. No statute authorized the appeal by the People to the Appellate Division from the County Court judgment adjudicating defendant a youthful offender.

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.