People v Staropoli, Mark
Motion No: 2005-08353
Slip Opinion No: 2006 NYSlipOp 73435(U)
Decided on August 8, 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

M43067

Y/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-08353

The People, etc., respondent,

v Mark Staropoli, appellant.

(Ind. No. 05-00033)

DECISION & ORDER ON MOTION

Motion by the defendant, inter alia, to hold an appeal from a judgment of the County Court, Rockland County, rendered August 30, 2005, in abeyance pending the determination by the County Court, Rockland County, of the defendant's motion pursuant to CPL article 440.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to hold the appeal in abeyance is granted, and the District Attorney of Rockland County is directed to notify this court when the County Court, Rockland County, determines the defendant's motion pursuant to CPLR article 440; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., SCHMIDT, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court