Majority
p. 837The People of the State of New York, Respondent, v Marcellus Gibson, Appellant. [698 NYS2d 805]
—Appeal unani
p. 838
mously dismissed. Memorandum: Defendant’s appeal from an order settling the record on appeal must be dismissed. There is no statutory authorization for a defendant in a criminal action to appeal from such an order (see, CPL 450.10; see also, People v Fetcho, 91 NY2d 765 , 769; People v Laing, 79 NY2d 166 , 170-171). (Appeal from Order of Monroe County Court, Connell, J. — Settle Record.) Present — Denman, P. J., Pine, Wisner, Pigott, Jr., and Callahan, JJ.
Cases cited
- People v. Fetcho 91 NY2d 765 at 769 p. 838
- People v. Laing 79 NY2d 166 at 170-171 p. 838