Opinion
Motion No: 2016-00916 KCR
12-15-2016
The People of the State of New York, Respondent, v. Christina Guervil, Appellant.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to dismiss an appeal from so much of an order of the Criminal Court of the City of New York, Kings County, dated February 29, 2016, as denied the branch of appellant's motion seeking, pursuant to CPL 420.10 (5), to be resentenced so as to delete a $95 mandatory surcharge (see Penal Law § 60.35 [1] [a] [iii]).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that respondent's motion is granted and the appeal is dismissed, as the order dated February 29, 2016 is not appealable (see CPL 450.10, 450.15; see also People v Pagan, 19 NY3d 368 [2012]; cf. People v Swank, 278 AD2d 861 [2000]; People v Stakowski, 276 AD2d 909 [2000]).
Pesce, P.J., Aliotta and Solomon, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk