Opinion
Motion No: KA 11-01746 Indictment No: 2006-078
09-12-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOSEPH S. HOLKA, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendant having moved pursuant to CPL 460.15 for permission to take an appeal from a letter of the Supreme Court, Niagara County dated June 29, 2011,
Now, upon reading and filing the affidavit of Joseph S. Holka sworn to August 18, 2011, the notice of motion with proof of service thereof, the statement of Thomas H. Brandt, Esq. dated September 1, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: The letter dated June 29, 2011 from Supreme Court does not constitute an order that is appealable as of right or by permission.
Patricia L. Morgan, Clerk