| People v Rosado, Steve |
| Motion No: 2006-04044 |
| Slip Opinion No: 2007 NYSlipOp 87346(U) |
| Decided on December 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. |
Appellate Division: Second Judicial Department
M64125
J/sl
STEVEN P. FISHER, J.P.
ROBERT A. LIFSON
JOSEPH COVELLO
WILLIAM E. McCARTHY, JJ.
|
2006-04044 The People, etc., respondent, v Steve Rosado, appellant. (Ind. No. 561/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its order on application dated December 10, 2007, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:
Application by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered September 29, 2005, to withdraw the excessive sentence motion previously filed on behalf of the appellant, and, in effect, to enlarge the time to perfect the appeal.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the excessive sentence motion is deemed withdrawn; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
FISHER, J.P., LIFSON, COVELLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court