| People v Birthwright, Mark |
| Motion No: 2007-11726 |
| Slip Opinion No: 2008 NYSlipOp 80343(U) |
| Decided on August 15, 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. |
Appellate Division: Second Judicial Department
M74437
E/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2007-11726 The People, etc., respondent, v Mark Birthwright, appellant. (Ind. No. 06-02634)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated May 28, 2008, which, inter alia, dismissed an appeal from a judgment of the County Court, Suffolk County, rendered March 28, 2007, and to reinstate the appeal.
Upon the papers filed in support of the motion and the papers filed in relation or opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court