—Appeal unani 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.
The People of the State of New York, Respondent, v. Marcellus Gibson, Appellant
266 A.D.2d 837698 N.Y.S.2d 805
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