People v Sandy, Kester
Motion No: 2001-01192
Slip Opinion No: 2008 NYSlipOp 68655(U)
Decided on April 8, 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

M68667

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2001-01192

The People, etc., respondent,

v Kester Sandy, appellant.

(Ind. No. 765/00)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated August 15, 2007, as amended August 27, 2007, which dismissed an appeal from a judgment of the Supreme Court, Queens County, rendered January 30, 2001, pursuant to 22 NYCRR 670.8(f) and CPL 470.60(1) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect 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.

RIVERA, J.P., RITTER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court