People v Rushion, Mark
Motion No: 2003-04623
Slip Opinion No: 2008 NYSlipOp 84529(U)
Decided on October 1, 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

M76581

E/kmg

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

HOWARD MILLER, JJ.

2003-04623

The People, etc., respondent,

v Mark Rushion, appellant.

(Ind. No. 2737/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue his application for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated February 21, 2006 (People v Rushion, 26 AD3d 448), affirming a judgment of the Supreme Court, Kings County, rendered May 12, 2003, which was determined by decision and order dated June 10, 2008.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., MASTRO, RIVERA and MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court