Appellate Division: Second Judicial Department

M65239

S/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

PETER B. SKELOS

DANIEL D. ANGIOLILLO, JJ.

2007-07510 The People, etc., respondent, v Michael J. Mitchell, appellant. (Ind. No. 06-1571)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 27, 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 prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered July 10, 2007, as a poor person and for the assignment of counsel.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the appeal is dismissed as this appeal is a duplicate of an appeal pending under Appellate Division Docket No. 2007-07965; By decision and order on motion dated September 27, 2007, the defendant's motion for poor person relief and the assignment of counsel was granted under Appellate Division Docket No. 2007-07965, and the following attorney was assigned as counsel on the appeal: Janet Gandolfo, Esq., 174 Weber Avenue, Sleepy Hollow, New York, 10591.

SPOLZINO, J.P., FLORIO, SKELOS and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court