People v Benton, Joseph
Motion No: 2008-03249
Slip Opinion No: 2008 NYSlipOp 87552(U)
Decided on October 28, 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

M77739

T/sl

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

HOWARD MILLER

DANIEL D. ANGIOLILLO, JJ.

2008-03249

The People, etc., respondent,

v Joseph Benton, appellant.

(Ind. No. 2560/01)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that its decision and order on motion dated September 29, 2008, in the above-entitled matter, which granted the defendant's motion for leave to prosecute an appeal from a resentence of the Supreme Court, Queens County, rendered March 7, 2008, as a poor person, and for the assignment of counsel, is amended by deleting from the first paragraph thereof the word "judgment" and substituting therefor the word "resentence".

RIVERA, J.P., FISHER, MILLER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court