People v Nelson, Maurice
Motion No: 2007-07640
Slip Opinion No: 2008 NYSlipOp 63869(U)
Decided on February 15, 2008
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

M66282

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

EDWARD D. CARNI, JJ.

2007-07640

The People, etc., respondent,

v Maurice Nelson, appellant.

(Ind. No. 10323/00)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this court dated October 22, 2007, as dismissed an appeal from an amended judgment of the Supreme Court, Queens County, rendered January 16, 2007, as untimely taken, and pursuant to CPL 460.30 for an extension of time to take the appeal.

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

ORDERED that the motion is denied.

SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court