THE PEOPLE V JOHNNY C. JAMES
Motion No: KA 24-00232
Slip Opinion No: 2024 NY Slip Op 68604(U)
Decided on May 29, 2024
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


May 29, 2024

PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.

KA 24-00232
Indictment No: 71032-22/001

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOHNNY C. JAMES, DEFENDANT.


Defendant having moved for leave to appeal en banc from an order of the Court, entered March 5, 2024, which denied defendant's motion for "leave of court to present merits of claims of denial of due process and fundamental unfairness of proceedings" with respect to the refusal by the Niagara County Court, on September 5, 2023, to consider defendant's supplemental omnibus motion,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed.

Entered: May 29, 2024

Ann Dillon Flynn

Clerk of the Court