People v Spence, Keith Everton
Motion No: 2003-06378
Slip Opinion No: 2006 NYSlipOp 72452(U)
Decided on July 20, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M42322

J/nl

ROBERT W. SCHMIDT, J.P.

ROBERT A. SPOLZINO

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2003-06378

The People, etc., respondent,

v Keith Everton Spence, appellant.

(Ind. No. 2155-02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion of this court, dated May 3, 2006, which granted the appellant's pro se motion for leave to serve and file a replacement supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered July 1, 2003, is recalled and vacated; and it is further,

ORDERED that the appellant's motion for leave to file a replacement supplemental brief is denied.

The appellant has failed to file a replacement supplemental brief although afforded sufficient opportunity to do so.

SCHMIDT, J.P., SPOLZINO, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court