| People v Bens, James |
| Motion No: 2005-11181 |
| Slip Opinion No: 2007 NYSlipOp 74836(U) |
| Decided on August 2, 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. |
Appellate Division: Second Judicial Department
M57813
E/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-11181 The People, etc., respondent, v James Bens, appellant. (Ind. No. 10025/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to hold in abeyance an appeal from a resentence of the Supreme Court, Queens County, imposed September 22, 2005, pursuant to chapter 738 of the Laws 2004, pending determination by the Supreme Court, Queens County, of his motion pursuant to CPL 440.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court