People v Haynes, Gerry
Motion No: 2006-02549
Slip Opinion No: 2007 NYSlipOp 81906(U)
Decided on October 24, 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

M61593

J/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

MARK C. DILLON, JJ.

2006-02549

The People, etc., respondent,

v Gerry Haynes, appellant.

(Ind. No. 2809/04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 19, 2007, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered January 24, 2006.

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

ORDERED that the motion is denied without prejudice to making a motion to withdraw the appeal.

SCHMIDT, J.P., SANTUCCI, FLORIO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court