PEOPLE v. FRICCHIONE

Ordered that the appeal is dismissed.

On April 22, 2004, upon his convictions after a nonjury trial for, inter alia, violations of Agriculture and Markets Law § 351, the defendant was sentenced to a term of imprisonment and a fine. Nineteen months later, in November 2005, after the defendant had already begun to serve his prison sentence and this Court had already affirmed the judgment of conviction ( see People v Fricchione, 20 AD3d 433), the County Court issued an order, after a hearing, directing the defendant to pay, inter alia, restitution to the Warwick Valley Humane Society. The defendant appeals.

The appeal must be dismissed. "The right to appeal in a criminal action is purely statutory" ( People v Taylor, 99 AD2d 820; see People v Stevens, 91 NY2d 270, 277). Criminal Procedure Law § 450.10 enumerates the judgments, sentences, and orders from which a defendant may appeal as of right ( see CPL 450.30). The order from which the defendant seeks to appeal is not among these enumerated papers. Accordingly, we are without jurisdiction to hear this appeal.

Our dismissal of the defendant's appeal under the Criminal Procedure Law is not intended to foreclose the defendant from seeking relief by proper procedural means.