| People of State of New York v Vincent Devito |
| Motion No: 2007-01488 NCR 01-22-2008 |
| Slip Opinion No: 2008 NYSlipOp 64071(U) |
| Decided on February 14, 2008 |
| Appellate Term, 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 TERM: 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- VINCENT DEVITO, Appellant. |
DECISION
On the court's own motion, the order dated January 15, 2008 dismissing the appeal is vacated and appeal shall be perfected by May 2, 2008.
Motion by appellant to reinstate and continue to stay sentence pending determination of appeal is granted on condition that the appeal is perfected by May 2, 2008.
In the event that the above condition is not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.