| People v Whaley, John L. |
| Motion No: 2004-09628 |
| Slip Opinion No: 2006 NYSlipOp 83004(U) |
| Decided on December 27, 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
M48563
E/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
|
2004-09628 The People, etc., respondent, v John L. Whaley, appellant. (Ind. No. 2627-03)
| DECISION & ORDER ON MOTION |
Motion by Robert C. Mitchell, the appellant's former assigned counsel, who was relieved from prosecuting an appeal from a judgment of the County Court, Suffolk County, rendered August 9, 2004, by decision and order dated October 31, 2006, for leave to reargue the decision and order dated October 31, 2006.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is dismissed on the ground that Robert C. Mitchell does not have standing to make this motion as he was relieved as counsel for the appellant by the decision and order of this court dated October 31, 2006.
FLORIO, J.P., CRANE, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court