People v Fogel, Al
Motion No: 2005-09532
Slip Opinion No: 2008 NYSlipOp 69442(U)
Decided on April 17, 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

M69119

E/sl

STEVEN W. FISHER, J.P.

DAVID S. RITTER

ANITA R. FLORIO

EDWARD D. CARNI, JJ.

2005-09532

The People, etc., respondent,

v Al Fogel, appellant.

(Ind. No. 2319/02)

DECISION & ORDER ON MOTION

Motion by the appellant to hold in abeyance an appeal from a judgment of the Supreme Court, Queens County, rendered October 3, 2005, pending hearing and determination of a motion to vacate the judgment of conviction pursuant to CPL article 440 pending in the Supreme Court, Queens County.

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

ORDERED that the motion is granted and the appellant shall advise the court when the motion is decided.

FISHER, J.P., RITTER, FLORIO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court