People v Muhammad, Malik
Motion No: 1997-06498
Slip Opinion No: 2007 NYSlipOp 81609(U)
Decided on October 22, 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

M61335

S/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

DAVID S. RITTER

GLORIA GOLDSTEIN, JJ.

1997-06498

The People, etc., respondent,

v Malik Muhammad, appellant.

(Ind. No. 9332/96)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 16, 2007, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant for leave to reargue his application for a writ of error coram nobis, to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this court dated April 30, 2001 (People v Muhammad, 282 AD2d 761), affirming a judgment of the Supreme Court, Kings County, rendered June 24, 1997. The application was determined by decision and order on motion of this court dated June 19, 2007.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., MILLER, RITTER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court