People v Castillo, Santiago
Motion No: 2004-06594
Slip Opinion No: 2007 NYSlipOp 61424(U)
Decided on January 19, 2007
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

M49586

E/mv

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2004-06594

The People, etc., respondent,

v Santiago Castillo, appellant.

(Ind. No. 10527/02)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated February 23, 2006, which dismissed an appeal from a judgment of the Supreme Court, Queens County, rendered June 25, 2004, pursuant to 22 NYCRR 670.8(f) and CPL 470.60(1), to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is denied.

SPOLZINO, J.P., RITTER, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court