People v Billups, William
Motion No: 2008-00669
Slip Opinion No: 2008 NYSlipOp 71492(U)
Decided on May 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

M70143

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2008-00669

The People, etc., respondent,

v William Billups, appellant.

(Ind. No. 753/07)

DECISION & ORDER ON MOTION

Motion by the appellant to hold in abeyance an appeal from a judgment of the County Court, Nassau County, rendered July 12, 2007, pending hearing and determination by the County Court, Nassau County, of a motion to vacate the judgment of conviction pursuant to CPL article 440.

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

ORDERED that the motion is denied on the ground that the issue with respect to the failure to apprise the appellant that he was subject to post-release supervision can be raised on the appeal from the judgment rendered July 12, 2007.

RIVERA, J.P., COVELLO, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court