Opinion
Motion No 2022-00370 SCR
10-04-2022
The People of the State of New York, Respondent, v. Wayne Breighner, Appellant.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J. ELIZABETH H. EMERSON TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered March 2, 2022, to compel the court to file a return pursuant to CPL§ 460.10.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed as untimely, as the judgment of conviction was rendered on March 2, 2022 and the notice of appeal was not filed until May 2, 2022 (see CPL 460.10 [1] [a]); and it is further, ORDERED that appellant's motion is denied as academic.