Opinion
Motion No. 2022-09453 Ind. No. 12564/2008
04-19-2024
The People, etc., respondent, v. Nymeen C., appellant.
Unpublished Opinion
MOTION DECISION
M295841
ANGELA G. IANNACCI, J.P. CHERYL E. CHAMBERS WILLIAM G. FORD LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated November 14, 2022, issued pursuant to CPL 440.47. Motion by the respondent to dismiss the appeal, in effect, on the ground that no appeal lies from an order dismissing without prejudice a motion for resentencing pursuant to CPL 440.47.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further, ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended, and on or before May 20, 2024, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
IANNACCI, J.P., CHAMBERS, FORD and WAN, JJ., concur.