People v Otero, Victor
Motion No: 2004-09228
Slip Opinion No: 2008 NYSlipOp 86279(U)
Decided on October 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M77032

F/

ROBERT A. SPOLZINO, JJ.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2004-09228

The People, etc., respondent,

v Victor Otero, appellant.

(Ind. No. 68-04)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Suffolk County, rendered September 2, 2004.

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 granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

SPOLZINO, J.P., RITTER, SANTUCCI, and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court