| People v Hernandez, Emilio |
| Motion No: 2024-11416 |
| Slip Opinion No: 2025 NY Slip Op 62085(U) |
| Decided on February 5, 2025 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M302618
AFA/
MARK C. DILLON, J.P.
ROBERT J. MILLER
LOURDES M. VENTURA
DONNA-MARIE E. GOLIA, JJ.
|
2024-11416 The People, etc., respondent, v Emilio Hernandez, appellant. (Ind. No. 71536/2023)
| DECISION & ORDER ON MOTION |
Appeal from an order of the County Court, Suffolk County, dated October 1, 2024. Motion by the respondent to dismiss the appeal on the ground, in effect, that the order is not appealable as of right or by permission. Motion by the appellant pro se for waiver of costs, fees, and expenses and for the assignment of counsel.
Upon the papers filed in support of the motion by the respondent and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, it is
ORDERED that the motion by the respondent is granted and the appeal is dismissed, without costs and disbursements (see CPL 450.10, 450.15); and it further,
ORDERED that the motion by the appellant is denied as academic.
DILLON, J.P., MILLER, VENTURA and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court