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The People of the State of New York, Appellant v. Ronald B. Scott

March 16, 2012

THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,
v.
RONALD B. SCOTT, DEFENDANT-RESPONDENT.



Appeal from an amended decision of the Cattaraugus County Court (Larry M. Himelein, J.), dated December 29, 2010.

People v Scott

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 16, 2012

PRESENT: SCUDDER, P.J., CENTRA, CARNI, LINDLEY, AND MARTOCHE, JJ.

The amended decision dismissed the indictment against defendant.

It is hereby ORDERED that said appeal is unanimously dismissed.

Memorandum: The People appeal from an amended decision granting defendant's motion to dismiss the indictment pursuant to CPL 30.30. The appeal must be dismissed because no judgment or order is included in the record on appeal, and "[n]o appeal lies from a decision" (People v McCarter, 97 AD2d 852).

Entered: March 16, 2012

Frances E. Cafarell Clerk of the Court

20120316

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