
    The People of the State of New York, Respondent, v James McRae, Appellant.
    Decided December 17, 2009
    Reported below, 65 AD3d 1382.
   Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no civil appeal lies from the order of the Appellate Division entered in this criminal action (see NY Const, art VI, § 3 [b]; CPLR 5601; CPL 450.90).  