People v Smith, Andre
Motion No: 2005-06149
Slip Opinion No: 2008 NYSlipOp 72548(U)
Decided on May 20, 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

M70614

E/cb

ROBERT A. LIFSON, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

HOWARD MILLER, JJ.

2005-06149

The People, etc., respondent,

v Andre Smith, appellant.

(Ind. No. 04-1060)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the County Court, Westchester County, rendered May 24, 2005, which was determined by decision and order of this Court dated April 17, 2007.

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

ORDERED that the motion is denied.

LIFSON, J.P., SANTUCCI, FLORIO and MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court