| PEOPLE V DAVID JOHNSON |
| Motion No: KA 07-02357 & KA 08-01731 |
| Slip Opinion No: 2008 NYSlipOp 82944(U) |
| Decided on September 9, 2008 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 07-02357 & KA 08-01731
Indictment No: 2006-2052
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID
JOHNSON, DEFENDANT-APPELLANT. |
Appellant having moved to consolidate the appeal taken from the judgment of the Supreme Court, Erie County, rendered September 26, 2007 (KA 07-02357), with an application pursuant to CPL 460.15 seeking permission to appeal the order of the Supreme Court, Erie County, entered March 14, 2008 (KA 08-01731), and for other relief,
Now, upon reading and filing the affidavit of David Johnson, sworn to August 9, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion to consolidate be and the same hereby is dismissed as premature, and,
It is further ORDERED that the motion is otherwise denied.
Memorandum: There are no matters to consolidate inasmuch as defendant's CPL 460.15 application has not been determined and the direct appeal has not been perfected.
Entered: September 9, 2008
JoAnn M. Wahl, Clerk