Opinion
2015-11-13
Appeal from a revised order of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), dated August 7, 2014. The revised order granted in part the motion of defendant to dismiss the indictment by reducing the first count thereof to criminal possession of a controlled substance in the seventh degree. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for Appellant. Paul G. Carey, Syracuse, for Defendant–Respondent.
Appeal from a revised order of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), dated August 7, 2014. The revised order granted in part the motion of defendant to dismiss the indictment by reducing the first count thereof to criminal possession of a controlled substance in the seventh degree.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for Appellant. Paul G. Carey, Syracuse, for Defendant–Respondent.
It is hereby ORDERED that said appeal is unanimously dismissed ( see People v. Perez, 130 A.D.3d 1496, 1496, 14 N.Y.S.3d 246; Matter of Kolasz v. Levitt, 63 A.D.2d 777, 779, 404 N.Y.S.2d 914). SCUDDER, P.J., SMITH, CENTRA, WHALEN, and DeJOSEPH, JJ., concur.