| People v Duke, William |
| Motion No: 2005-09403 |
| Slip Opinion No: 2006 NYSlipOp 67452(U) |
| Decided on April 25, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division : Second Judicial Department
M38771
S/sl
HOWARD MILLER, J.
|
2005-09403
The People, etc., plaintiff, v William Duke, defendant. (Ind. No. 12251/94)
| DECISION & ORDER ON APPLICATION |
On the court's own motion, it is
ORDERED that its decision and order on application dated March 28, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from so much of an order of the Supreme Court, Queens County, dated August 18, 2005, as denied that branch of his motion which was pursuant to CPL 440.10 to vacate a judgment of the Supreme Court, Queens County, rendered April 4, 1995, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
HOWARD MILLER
Associate Justice