People v Baptiste, Errol
Motion No: 1995-11485
Slip Opinion No: 2008 NYSlipOp 73487(U)
Decided on June 2, 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

M71271

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. LIFSON

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

1995-11485

The People, etc., respondent,

v Errol Baptiste, appellant.

(Ind. No. 8143/91)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated May 8, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, rendered November 29, 1995, which was determined by decision and order of this court dated March 23, 1998.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

RIVERA, J.P., LIFSON, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court