People v Roache

People v Roache 2010 NY Slip Op 08914 [78 AD3d 1140] November 30, 2010 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 19, 2011

The People of the State of New York, Respondent,
v
Walter Roache, Appellant.

—[*1] Steven A. Feldman, Uniondale, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Elizabeth L. Guinup and Robert H. Middlemiss of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Orange County (DeRosa, J.), dated December 14, 2009, which, upon his consent, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the appeal is dismissed, without costs or disbursements; and it is further,

Ordered that counsel's application to withdraw as counsel is dismissed as academic.

The appeal must be dismissed because no appeal lies from an order entered on consent of the appellant (see CPLR 5511; People v Welch, 30 AD3d 392 [2006]). Rivera, J.P., Covello, Eng, Leventhal and Austin, JJ., concur.