| People v Izaguirre, Raul |
| Motion No: 2005-09068 |
| Slip Opinion No: 2008 NYSlipOp 84449(U) |
| Decided on September 30, 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
M76320
S/sl
ROBERT A. SPOLZINO, J.P.
EDWARD D. CARNI
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2005-09068 The People, etc., respondent, v Raul Izaguirre, appellant. (Ind. No. 1059/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the County Court, Nassau County, rendered September 9, 2005, which was determined by decision and order of this Court dated May 20, 2008 (51 AD3d 946 [2008]), or, to amend the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to amend the decision and order of this court is granted and the decision and order dated May 20, 2008, is amended by deleting from the preamble thereof the words "upon his plea of guilty," and substituting therefor the words "upon a jury verdict"; and it is further,
ORDERED that the motion is otherwise denied.
SPOLZINO, J.P., CARNI, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court