| People v Oquendo, Lenny |
| Motion No: 2005-06556 +1 |
| Slip Opinion No: 2006 NYSlipOp 74188(U) |
| Decided on August 21, 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
M43364
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
MARK C. DILLON, JJ.
|
2005-06556, 2005-06563 The People, etc., respondent, v Lenny Qquendo, appellant. (Ind. Nos. 04-00819, 04-00431)
| DECISION & ORDER ON MOTION |
Application by the appellant on appeals from two judgments of the County Court, Orange County, both rendered June 30, 2005, for leave to withdraw the excessive sentence motion previously filed and to file a brief on the appeal.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted, the excessive sentence motion previously filed is deemed withdrawn, and on or before September 29, 2006, the appellant shall serve and file a brief on the appeals; and it is further,
ORDERED that the respondent's brief is stricken and the respondent shall serve and file a new brief once the appellant's new brief is filed.
MILLER, J.P., RITTER, SPOLZINO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court