PEOPLE V HABIB F. JOHNSON
Motion No: KA 03-02274
Slip Opinion No: 2007 NYSlipOp 79839(U)
Decided on September 28, 2007
Appellate Division, Fourth 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.


September 28, 2007

PRESENT: HURLBUTT, J.P., GORSKI, MARTOCHE, AND GREEN, JJ.

KA 03-02274
Indictment No: 01586-2002

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V
HABIB F. JOHNSON, DEFENDANT-APPELLANT.

Appellant having moved to expedite the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 31, 2003,

Now, upon reading and filing the affidavit of Habib Johnson, sworn to August 17, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is denied without prejudice to renewal after the perfection of the appeal.

Entered: September 28, 2007

JoAnn M. Wahl, Clerk